Legal Opinion

Kansas City S. Indus. v. Commissioner

United States Tax Court

Decided March 5, 1992No. Docket Nos. 18653-87, 17654-88PublishedCited by 20 opinions

P was the parent of members of a consolidated group, including two subsidiaries conducting railroad operations. For the taxable calendar years 1970 through 1976, P elected to amortize railroad grading pursuant to sec. 185, I.R.C. In 1977, P filed an application to revoke the election for years after 1976. Held, denial of P's application to revoke the election was an abuse of discretion because its purpose was to prevent P's reliance on favorable Court precedent.

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P was the parent of members of a consolidated group, including two subsidiaries conducting railroad operations. For the taxable calendar years 1970 through 1976, P elected to amortize railroad grading pursuant to sec. 185, I.R.C. In 1977, P filed an application to revoke the election for years after 1976. Held, denial of P's application to revoke the election was an abuse of discretion because its purpose was to prevent P's reliance on favorable Court precedent. Held, further, P was not required to recognize income from sidetrack deposits at the time that construction pursuant to industry…

1Opinion of the Court

COHEN, Judge:

In separate notices of deficiency, respondent determined the following deficiencies in petitioner's Federal income taxes:

Docket No. Year Deficiency

18653-87 1978 $42,274

1979 2,771,434

17654-88 1980 4,129,634

1981 593,299

1982 1,434,129

1983 9,428,727

After concessions, the issues remaining for decision are whether it was an abuse of respondent's discretion to deny petitioner's application to revoke an election to amortize petitioner's railroad grading under section 185(c); whether deposits received by petitioner for the construction of sidetracks in accordance with industry track…

2Cases cited28 opinions

  1. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  2. Mailman v. CommissionerUnited States Tax Court · 1988
  3. Commissioner v. Indianapolis Power & Light Co.Supreme Court of the United States · 1990
  4. Ronnen v. CommissionerUnited States Tax Court · 1988
  5. Capitol Fed. Sav. & Loan Ass'n v. CommissionerUnited States Tax Court · 1991

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

3Cited by20 opinions

  1. Johnson v. CommissionerUnited States Tax Court · 1997
  2. Norwest Corp. v. CommissionerUnited States Tax Court · 1997
  3. Old Harbor Native Corp. v. CommissionerUnited States Tax Court · 1995
  4. Sprint Corp. v. CommissionerUnited States Tax Court · 1997
  5. American Valmar International Ltd., Inc. & Valeri Markovski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000

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

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