Legal Opinion

Munford, Inc. v. Commissioner

United States Tax Court

Decided August 18, 1986No. Docket No. 13720-83PublishedCited by 23 opinions

During its taxable year ended Dec. 30, 1976, petitioner placed in service an addition to a refrigerated facility for the storage of frozen food products. The addition comprised a 3,900 square foot truck loading platform, a 1,030-square-foot rail loading platform and a 34,650-square-foot refrigerated area.

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During its taxable year ended Dec. 30, 1976, petitioner placed in service an addition to a refrigerated facility for the storage of frozen food products. The addition comprised a 3,900 square foot truck loading platform, a 1,030-square-foot rail loading platform and a 34,650-square-foot refrigerated area. Petitioner sought an investment tax credit under sec. 38, I.R.C. 1954, with respect to costs relating to the addition, contending that the structure constitutes tangible personal property under sec. 48(a)(1)(A). Respondent allowed the credit only with respect to certain refrigeration system…

1Opinion of the Court

Fay, Judge:

Respondent determined deficiencies in petitioner’s Federal income tax as follows:

Taxable year ended— Deficiency

Jan. 3, 1974. $50,343

Jan. 2, 1975. 48,831

Jan. 1, 1976. 445,755

After concessions, the issues are (1) whether petitioner is entitled to an investment tax credit under section 381 with respect to an addition to a refrigerated storage facility to an extent greater than allowed by respondent, and (2) whether petitioner is entitled to depreciate the addition to the refrigerated storage facility using the 200-percent declining balance method of depreciation under section…

2Cases cited36 opinions

  1. United States v. ScovilSupreme Court of the United States · 1955
  2. Catron v. CommissionerUnited States Tax Court · 1968
  3. Woods Inv. Co. v. CommissionerUnited States Tax Court · 1985
  4. Evans v. CommissionerUnited States Tax Court · 1967
  5. Whiteco Indus. v. Comm'rUnited States Tax Court · 1975

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

3Cited by23 opinions

  1. Jake Z. Schrum Ruby E. Schrum Dannie L. Schrum Jeanette v. Schrum Donald L. Moore Judith A. Moore v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1994
  2. Loda Poultry Co. v. CommissionerUnited States Tax Court · 1987
  3. Resale Mobile Homes, Inc. v. CommissionerUnited States Tax Court · 1988
  4. Deseret Management Corporation v. United StatesUnited States Court of Federal Claims · 2013
  5. Vail Assocs. v. CommissionerUnited States Tax Court · 1987

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

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