Legal Opinion

Albert E. Schumacher and Eunice A. Schumacher v. The United States of America

Court of Appeals for the Tenth Circuit

Decided April 25, 1991No. 89-2281PublishedCited by 10 opinions

1Opinion of the Court

ALDISERT, Circuit Judge.

In this ease of statutory construction, the issue for decision is whether the taxpayers, lessors of personal property, have shown that the rentals of their property met the requirements of Internal Revenue Code § 46(e)(3)(B), that the rentals or leases be for less than 50% of the useful life of that property, thereby entitling them to an investment tax credit. We hold that the taxpayers did not meet their burden of showing entitlement to the credit and therefore affirm the judgment of the district court denying their claim for an income tax refund.

Jurisdiction was…

2Cases cited8 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  3. Ridder v. CommissionerUnited States Tax Court · 1981
  4. Ragnar v. Hokanson and Marilyn L. Hokanson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1984
  5. Donald G. McNamara and Valerie J. McNamara and Robert F. Christiansen and Lucille L. Christiansen v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1987

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3Cited by10 opinions

  1. Linda K. Moothart v. A. Gary Bell, Bradley P. Pollock, Bell & Pollock, P.C.Court of Appeals for the Tenth Circuit · 1994
  2. Tax & Accounting Software Corp. v. United StatesCourt of Appeals for the Tenth Circuit · 2002
  3. August J. Hauptli, Jr., and Barbara Hauptli v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1991
  4. Sunoco, Inc. v. United StatesUnited States Court of Federal Claims · 2016
  5. United States v. DaytonCourt of Appeals for the Tenth Circuit · 2011

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