Legal Opinion

Smith v. Commissioner

United States Tax Court

Decided May 20, 1985No. Docket No. 26787-82PublishedCited by 44 opinions

Petitioner and a partnership of which he was a partner executed an "Assumption of Liability," by which petitioner purported to assume the obligation to pay principal and interest on a nonrecourse note executed by the partnership and secured by a deed of trust on property of the partnership.

Read the full summary

Petitioner and a partnership of which he was a partner executed an "Assumption of Liability," by which petitioner purported to assume the obligation to pay principal and interest on a nonrecourse note executed by the partnership and secured by a deed of trust on property of the partnership. Thereafter, the partners exchanged their partnership interests for shares in a corporation in an exchange qualifying under sec. 351, I.R.C. 1954, the corporation assuming the partnership obligation to which the note was subordinated. Held: 1. Payments made by petitioner after the incorporation transaction,…

1Opinion of the Court

OPINION

Tannenwald, Judge:

Respondent determined the following deficiencies in and additions to petitioner’s Federal income taxes:

Taxable year Deficiency Addition to tax sec. 6653(a)1

1976 $57,573.70 $2,878.69

1977 95.897.50 4,794.88

1978 373,930.89 18,696.54

The issues for decision are (1) whether petitioner may deduct as interest his payments made during 1978 with respect to a promissory note, and (2) whether petitioner must recognize gain on a series of transactions during 1978 culminating in the transfer of a partnership interest in exchange for stock in a controlled corporation.2

The case was…

2Cases cited41 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Commissioner v. TuftsSupreme Court of the United States · 1983
  3. Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
  4. Dean v. CommissionerUnited States Tax Court · 1984
  5. Hynes v. CommissionerUnited States Tax Court · 1980

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

3Cited by44 opinions

  1. Abramson v. CommissionerUnited States Tax Court · 1986
  2. Gefen v. CommissionerUnited States Tax Court · 1986
  3. Coleman v. CommissionerUnited States Tax Court · 1986
  4. Smith v. CommissionerUnited States Tax Court · 1988
  5. Melvin v. CommissionerUnited States Tax Court · 1987

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API