Legal Opinion

CRI-Leslie, LLC v. Comm'r

United States Tax Court

Decided September 7, 2016No. Docket No. 1454-14PublishedCited by 2 opinions

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

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  5. 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

  1. Estate of Backemeyer v. Comm'rUnited States Tax Court · 2016
  2. Taylor v. Comm'rUnited States Tax Court · 2017

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