CRI-Leslie, LLC v. Comm'r
United States Tax Court
P, the tax matters partner for a limited liability company treated as a TEFRA partnership for Federal income tax purposes, asserts that the partnership is entitled to capital gain treatment under I.R.C. sec. 1234A for its right to retain forfeited deposits of $9,700,000 from a canceled sale of real property used in its trade or business in the 2008 tax year. The real property was not a "capital asset" as defined in I.R.C. sec. 1221(a) but was I.R.C. sec. 1231 property.
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P, the tax matters partner for a limited liability company treated as a TEFRA partnership for Federal income tax purposes, asserts that the partnership is entitled to capital gain treatment under I.R.C. sec. 1234A for its right to retain forfeited deposits of $9,700,000 from a canceled sale of real property used in its trade or business in the 2008 tax year. The real property was not a "capital asset" as defined in I.R.C. sec. 1221(a) but was I.R.C. sec. 1231 property. Held: The partnership is not entitled to capital gain treatment on the forfeited deposit. I.R.C. sec. 1234A applies only to…
1Opinion of the Court
CRI-LESLIE, LLC, DONALD W. WALLACE, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
CRI-Leslie, LLC v. Comm'r
Docket No. 1454-14
United States Tax Court
2016 U.S. Tax Ct. LEXIS 24; 147 T.C. No. 8;
September 7, 2016, Filed
Decision will be entered for respondent.
P, the tax matters partner for a limited liability company treated as a TEFRA partnership for Federal income tax purposes, asserts that the partnership is entitled to capital gain treatment under I.R.C. sec. 1234A for its right to retain forfeited deposits of $9,700,000 from a canceled sale of real property…
2Cases cited23 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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