Legal Opinion

Melvin v. Commissioner

United States Tax Court

Decided January 12, 1987No. Docket Nos. 9325-83, 9451-83PublishedCited by 58 opinions

Medici, a partnership in which petitioner Marcus W. Melvin was a general partner, invested in a limited partnership. In payment for its limited partnership interest, Medici made a $ 35,000 cash downpayment and agreed to make additional capital contributions in the amount of $ 70,000. The obligation to make the additional capital contributions was reflected by a $ 70,000 recourse promissory note given to the limited partnership.

Read the full summary

Medici, a partnership in which petitioner Marcus W. Melvin was a general partner, invested in a limited partnership. In payment for its limited partnership interest, Medici made a $ 35,000 cash downpayment and agreed to make additional capital contributions in the amount of $ 70,000. The obligation to make the additional capital contributions was reflected by a $ 70,000 recourse promissory note given to the limited partnership. The limited partnership obtained a $ 3,500,000 recourse loan from a bank. To secure the bank loan, the limited partnership pledged to the bank, among other things, the…

1Opinion of the Court

OPINION

SWIFT, Judge:

In timely statutory notices of deficiency, and in an amended answer in docket No. 9325-83, respondent determined deficiencies in petitioners’ Federal income tax liabilities, as follows:

Taxable year

Petitioners ending— Deficiency

Marcus W. and Marilyn E. Melvin— Dec. 31, 1979 $21,340

docket No. 9325-83

Marcus W. Melvin, M.D., P.C.— June 30, 1979 744

docket No. 9451-83

The issues for decision are: (1) The extent to which petitioner Marcus W. Melvin was at risk under section 4651 with respect to a recourse obligation of a limited partnership; (2) whether the individual petitioners…

2Cases cited31 opinions

  1. Challenge Mfg. Co. v. CommissionerUnited States Tax Court · 1962
  2. Abramson v. CommissionerUnited States Tax Court · 1986
  3. American Properties, Inc. v. CommissionerUnited States Tax Court · 1957
  4. Gefen v. CommissionerUnited States Tax Court · 1986
  5. Loftin & Woodard, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1978

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

3Cited by58 opinions

  1. Levy v. CommissionerUnited States Tax Court · 1988
  2. Taube v. CommissionerUnited States Tax Court · 1987
  3. Ferrell v. CommissionerUnited States Tax Court · 1988
  4. American Principals Leasing Corp. v. United StatesCourt of Appeals for the Ninth Circuit · 1990
  5. Marcus W. Melvin and Marilyn E. Melvin v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API