Legal Opinion

Allen v. Commissioner

United States Tax Court

Decided April 2, 1979No. Docket No. 5435-76PublishedCited by 311 opinions

Ps owned a Vermont lodge which they rented to others. Over a number of years, they incurred substantial losses in the operation of such lodge, but they never used it for personal purposes. Held, based on all the facts and circumstances of this case, the operation of the lodge was an activity engaged in for profit under sec. 183, I.R.C. 1954.

1Opinion of the Court

Simpson, Judge:

The Commissioner determined deficiencies in the petitioners’ Federal income taxes of $1,376 for 1971 and $3,209 for 1972. The petitioners have conceded certain issues. The only issue left for decision is whether the petitioners operated their lodge as an “activity * * * not engaged in for profit” within the meaning of section 183(a), I.R.C. 1954.1

FINDINGS OF FACT

Some of the facts have been stipulated, and those facts are so found.

The petitioners, Truett E. Allen and Barbara Allen, husband and wife, maintained their legal residence in New York, N. Y., at the time they filed…

2Cases cited9 opinions

  1. Jasionowski v. CommissionerUnited States Tax Court · 1976
  2. Margit Sigray Bessenyey v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1967
  3. Dunn v. CommissionerUnited States Tax Court · 1978
  4. Benz v. CommissionerUnited States Tax Court · 1974
  5. Coors v. CommissionerUnited States Tax Court · 1973

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

3Cited by311 opinions

  1. Golanty v. CommissionerUnited States Tax Court · 1979
  2. Engdahl v. CommissionerUnited States Tax Court · 1979
  3. Flowers v. CommissionerUnited States Tax Court · 1983
  4. Fox v. CommissionerUnited States Tax Court · 1983
  5. Estate of Baron v. CommissionerUnited States Tax Court · 1984

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

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