Legal Opinion
Kitchin v. Commissioner
Court of Appeals for the Fourth Circuit
Decided January 11, 1965No. 9497PublishedCited by 18 opinions
1Opinion of the Court
J. SPENCER BELL, Circuit Judge.
The principal question in this appeal is whether payments made under a lease-option contract should be prospectively characterized as either rental payments or sales proceeds and taxed accordingly in the years in which they are made or held in abeyance until the option is acted upon. In our former opinion, Kitchin v. C. I. R., 340 F.2d 895 (4 Cir. 1965), we held that the incidence of the tax could be postponed until the classification was fixed by the decision of the lessee/buyer in exercising or declining to exercise the option. We have granted the petitions…
2Cases cited3 opinions
- Massey Motors, Inc. v. United StatesSupreme Court of the United States · 1960
- Virginia Iron Coal & Coke Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1938
- Rotorite Corporation v. Commissioner of Internal Rev.Court of Appeals for the Seventh Circuit · 1941
3Cited by18 opinions
- Elrod v. CommissionerUnited States Tax Court · 1986
- Northwest Acceptance Corp. v. CommissionerUnited States Tax Court · 1972
- Smith v. CommissionerUnited States Tax Court · 1968
- Koch v. CommissionerUnited States Tax Court · 1976
- Perma-Rock Products, Inc. v. United StatesDistrict Court, D. Maryland · 1973
13 more not listed; retrieve them via the Exa API.