Legal Opinion

Cunningham v. Commissioner

United States Tax Court

Decided October 22, 1962No. Docket Nos. 85421, 87654Published

Held, that an amount of $ 5,000 paid by a partnership, as lessee, to its lessor in 1948 as advance rental was not reimbursed to it by its sublessee, and that such amount is deductible by the partnership from income of the taxable year 1957 when applied against the rental for that year.

1Opinion of the Court

Lola Cunningham, Petitioner, v. Commissioner of Internal Revenue, Respondent. S. B. Ingram and Jane Ingram, Petitioners, v. Commissioner of Internal Revenue, Respondent

Cunningham v. Commissioner

Docket Nos. 85421, 87654

United States Tax Court

39 T.C. 186; 1962 U.S. Tax Ct. LEXIS 47;

October 22, 1962, Filed

Decisions will be entered for the petitioners.

Held, that an amount of $ 5,000 paid by a partnership, as lessee, to its lessor in 1948 as advance rental was not reimbursed to it by its sublessee, and that such amount is deductible by the partnership from income of the taxable year 1957 when…

2Cases cited8 opinions

  1. Universal Oil Products Co. v. Campbell (United States, Intervenor) (Two Cases)Court of Appeals for the Seventh Circuit · 1950
  2. Glendinning, McLeish & Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1932
  3. Baton Coal Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1931
  4. Main & McKinney Bldg. Co., of Houston v. CommissionerCourt of Appeals for the Fifth Circuit · 1940
  5. Levy v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954

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