Legal Opinion

McShain v. Commissioner

United States Tax Court

Decided March 14, 1979No. Docket Nos. 4767-74, 9649-75PublishedCited by 60 opinions

Held, under the facts and circumstances of this case, a second leasehold mortgage note had no ascertainable fair market value in 1970 for purposes of determining whether there was a gain on a sale within the meaning of sec. 1001, I.R.C. 1954.

1Opinion of the Court

Simpson, Judge:

The Commissioner determined deficiencies in the petitioners’ Federal income taxes as follows:

Year Deficiency

1967 . $654,059.86

1969 . 52,706.03

1970 . 1,685,711.49

Most of the issues have been settled,'conceded, or previously decided by this Court. McShain v. Commissioner, 68 T.C. 154 (1977); McShain v. Commissioner, 65 T.C. 686 (1976). The issue remaining for decision is whether a second leasehold mortgage note had an ascertainable fair market value in 1970 for purposes of determining whether there was a gain on a sale within the meaning of section 1001, I.R.C. 1954.1 In view of…

2Cases cited24 opinions

  1. Burnet v. LoganSupreme Court of the United States · 1931
  2. Estate of J. A. Kreis, Deceased, Herbert Clark, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1955
  3. Bedell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
  4. Fred M. Waring and Virginia Waring v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1969
  5. Louis F. Grill and Joan Myers Grill, and Joan Myers (Formerly Joan Selznick) v. The United States. Florence A. Selznick v. The United StatesUnited States Court of Claims · 1962

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

3Cited by60 opinions

  1. E.A. Brannen and Frances K. Brannen v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1984
  2. Brannen v. CommissionerUnited States Tax Court · 1982
  3. Narver v. CommissionerUnited States Tax Court · 1980
  4. Lio v. CommissionerUnited States Tax Court · 1985
  5. Estate of Jung v. CommissionerUnited States Tax Court · 1993

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

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