Legal Opinion

Egolf v. Commissioner

United States Tax Court

Decided July 2, 1986No. Docket No. 3640-83PublishedCited by 7 opinions

P is the general partner of a limited partnership engaged in oil and gas drilling. Pursuant to the partnership agreement, P, as general manager, provides management services to the partnership in exchange for a management fee. P paid various organization and syndication costs of the partnership and claimed them as ordinary and necessary expenses of his lease management business.

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P is the general partner of a limited partnership engaged in oil and gas drilling. Pursuant to the partnership agreement, P, as general manager, provides management services to the partnership in exchange for a management fee. P paid various organization and syndication costs of the partnership and claimed them as ordinary and necessary expenses of his lease management business. Held, the management fee P received is reimbursement for the organization and syndication expenses he paid on behalf of the partnership and he is not entitled to claim a deduction for those expenses. Sec. 709(a),…

1Opinion of the Court

GOFFE, Judge:

The Commissioner determined deficiencies in petitioners’ Federal income taxes for the taxable years 1978 and 1979 in the amounts of $112,628.52 and $392,761.80, respectively. The issues for decision are: (1) Whether petitioner properly deducted as ordinary and necessary business expenses amounts paid by him representing partnership organization and syndication costs; (2) whether the partnership may amortize organization and syndication expenses; and (3) whether management fee payments received by petitioner in excess of the amount provided in the partnership agreement represented…

2Cases cited23 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Gregory v. HelveringSupreme Court of the United States · 1935
  3. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  4. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  5. Corliss v. BowersSupreme Court of the United States · 1930

18 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Green Gas Del. Statutory Trust v. Comm'rUnited States Tax Court · 2016
  2. Sorrell v. CommissionerUnited States Tax Court · 1987
  3. Collins v. CommissionerUnited States Tax Court · 1987
  4. Egolf v. CommissionerUnited States Tax Court · 1986
  5. Evans v. CommissionerUnited States Tax Court · 1994

2 more not listed; retrieve them via the Exa API.

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