Legal Opinion

Allan v. Commissioner

United States Tax Court

Decided April 14, 1986No. Docket No. 16428-82PublishedCited by 20 opinions

In 1971, a partnership purchased residential property subject to a mortgage insured by the Department of Housing and Urban Development (HUD). The partnership took deductions for interest on the mortgage and real estate taxes on an accrual basis. In 1974 when income from the property was insufficient to cover the mortgage payments, HUD acquired the mortgage. HUD paid real estate taxes as they came due and charged the partnership for interest payments due on the mortgage.

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In 1971, a partnership purchased residential property subject to a mortgage insured by the Department of Housing and Urban Development (HUD). The partnership took deductions for interest on the mortgage and real estate taxes on an accrual basis. In 1974 when income from the property was insufficient to cover the mortgage payments, HUD acquired the mortgage. HUD paid real estate taxes as they came due and charged the partnership for interest payments due on the mortgage. Pursuant to the mortgage agreement, HUD added these advances to the mortgage principal as they were made and charged…

1Opinion of the Court

CLAPP, Judge:

Respondent determined deficiencies in petitioners’ Federal income taxes for the taxable year 1978 as follows:

Petitioner Deficiency

James A. Allan and Eileen M. Allan. $82,991

Dennis M. Evavold and Joanne L. Evavold. 1,157

Petitioner Deficiency

Lowell J. Gordon. $2,487

Donald J. Hamm and Beverly J. Hamm. 2,304

William D.C. Mattison and Barbara A. Mattison. 17,824

Bruce M. Nelson and Doris A. Nelson. 9,286

Robert F. Osterbauer. 41,353

Daniel R. Vaughan and Roberta E. Vaughan. 419

The issues for decision are: (1) What amount, if any, of petitioners’ distributive share of partnership income…

2Cases cited15 opinions

  1. Crane v. CommissionerSupreme Court of the United States · 1947
  2. Commissioner v. TuftsSupreme Court of the United States · 1983
  3. Hillsboro National Bank v. CommissionerSupreme Court of the United States · 1983
  4. Commissioner of Internal Revenue v. D. B. AndersCourt of Appeals for the Tenth Circuit · 1969
  5. Freeland v. CommissionerUnited States Tax Court · 1980

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

3Cited by20 opinions

  1. Gehl v. CommissionerUnited States Tax Court · 1994
  2. Aizawa v. CommissionerUnited States Tax Court · 1992
  3. Allan v. CommissionerCourt of Appeals for the Eighth Circuit · 1988
  4. James A. Allan v. Commissioner Of Internal RevenueCourt of Appeals for the Eighth Circuit · 1988
  5. Spinella v. DirectorNew Jersey Tax Court · 1993

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

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