Legal Opinion

Estate of Shea v. Commissioner

United States Tax Court

Decided October 5, 1971No. Docket Nos. 2978-68 -- 2984-68Published

A corporate taxpayer purchased a ship and charter for a stated consideration. Following the destruction of the ship, the taxpayer sold the charter. Held, the charter was property "subject to an allowance for depreciation," and its sale produced capital gain under sec. 1231(a), I.R.C. 1954.

1Opinion of the Court

Estate of John F. Shea, Deceased, Grace A. Shea, Executrix, and Grace A. Shea, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Shea v. Commissioner

Docket Nos. 2978-68 -- 2984-68

United States Tax Court

57 T.C. 15; 1971 U.S. Tax Ct. LEXIS 44;

October 5, 1971, Filed

Decision will be entered under Rule 50.

A corporate taxpayer purchased a ship and charter for a stated consideration. Following the destruction of the ship, the taxpayer sold the charter. Held, the charter was property "subject to an allowance for depreciation," and its sale produced capital gain under sec.…

2Cases cited17 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
  3. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  4. Fackler v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1943
  5. Ferrer v. CommissionerUnited States Tax Court · 1961

12 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