Legal Opinion

Joe Kelly Butler, Inc. v. Commissioner

United States Tax Court

Decided September 29, 1986No. Docket Nos. 13069-79, 33799-84Published

Petitioner made a bulk sale of assets which included personal property and real property. The real property was encumbered by a mortgage that exceeded the basis of petitioner in the real property. The mortgage was assumed by the purchaser as part of the consideration. Held, for installment reporting purposes, the mortgage in excess of the aggregate basis of all the assets sold is a payment in the year of sale and the sale qualifies for the installment method of reporting.

1Opinion of the Court

Joe Kelly Butler, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Joe Kelly Butler, Inc. v. Commissioner

Docket Nos. 13069-79, 33799-84

United States Tax Court

87 T.C. 734; 1986 U.S. Tax Ct. LEXIS 44; 87 T.C. No. 44;

September 29, 1986, Filed

Decisions will be entered under Rule 155.

Petitioner made a bulk sale of assets which included personal property and real property. The real property was encumbered by a mortgage that exceeded the basis of petitioner in the real property. The mortgage was assumed by the purchaser as part of the consideration. Held, for installment reporting…

2Cases cited17 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  4. General Utilities & Operating Co. v. HelveringSupreme Court of the United States · 1935
  5. Helvering v. WoodSupreme Court of the United States · 1940

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