Legal Opinion

Colonnade Condominium, Inc. v. Commissioner

United States Tax Court

Decided October 20, 1988No. Docket No. 323-83PublishedCited by 16 opinions

P, a corporation, held a 50.98-percent majority general partnership interest in GK, a limited partnership. Pursuant to an amendment to the partnership agreement providing for the admission of P's three shareholders, B, F, and M, as additional general partners of GK, P transferred 40.98 percent of its general partnership interest to B, F, and M, who each acquired a 13.66-percent interest in GK.

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P, a corporation, held a 50.98-percent majority general partnership interest in GK, a limited partnership. Pursuant to an amendment to the partnership agreement providing for the admission of P's three shareholders, B, F, and M, as additional general partners of GK, P transferred 40.98 percent of its general partnership interest to B, F, and M, who each acquired a 13.66-percent interest in GK. In exchange for their partnership interests, B, F, and M collectively assumed P's obligation to make annual capital contributions and acquired 40.98 percent of GK's nonrecourse obligations. No…

1Opinion of the Court

WRIGHT, Judge:

Respondent determined the following deficiencies in petitioner’s corporate income tax:1

TYE Jan. 31-Deficiency

1978. $81,991.29

1979. 421,914.35

1980. 4,983.45

In the statutory notice of deficiency, respondent determined that petitioner distributed a partnership interest to its shareholders resulting in a gain taxable to petitioner under section 311(c).2 On January 18, 1985, respondent filed a motion for leave to file amendment to answer wherein he asserted as his primary theory that the transaction in issue was a sale of a partnership interest. Petitioner filed an objection to…

2Cases cited32 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. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  5. Crane v. CommissionerSupreme Court of the United States · 1947

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

3Cited by16 opinions

  1. Shea v. CommissionerUnited States Tax Court · 1999
  2. Wayne Bolt & Nut Co. v. CommissionerUnited States Tax Court · 1989
  3. Twenty Mile Joint Venture, PND, Ltd. v. CommissionerCourt of Appeals for the Tenth Circuit · 1999
  4. Jacobson v. CommissionerUnited States Tax Court · 1991
  5. German v. CommissionerUnited States Tax Court · 1993

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

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