Estate of Helliwell v. Commissioner
United States Tax Court
In 1972, C, a limited partnership, contracted to produce two motion pictures for W. For its services, C was to receive a fee, which was, in part, contingent on the commercial success of such motion pictures. W was an experienced producer of motion pictures, but none of the general partners of C had any such experience. C engaged regular officers or employees of W to supervise and make the arrangements for the production of the motion pictures.
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In 1972, C, a limited partnership, contracted to produce two motion pictures for W. For its services, C was to receive a fee, which was, in part, contingent on the commercial success of such motion pictures. W was an experienced producer of motion pictures, but none of the general partners of C had any such experience. C engaged regular officers or employees of W to supervise and make the arrangements for the production of the motion pictures. In addition to the capital contributed by C's partners, financing for such motion pictures was obtained by bank loans. W or C was the principal obligor…
1Opinion of the Court
Simpson, Judge:
The Commissioner determined a deficiency of $46,043.74 in the petitioners’ Federal income tax for 1972. The sole issue for decision is whether a limited partner in a "motion picture production service partnership” is entitled to deduct any part of the costs paid in 1972 for the production of motion pictures in that year.
FINDINGS OF FACT
Some of the facts have been stipulated, and those facts are so found.
The petitioners, Paul L. E. Helliwell and Marjorie M. Helliwell, husband and wife, resided in Coral Gables, Fla., at the time they filed their petition in this case. Mr. and…
2Cases cited18 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Higgins v. SmithSupreme Court of the United States · 1940
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tolwinsky v. CommissionerUnited States Tax Court · 1986
- Durkin v. CommissionerUnited States Tax Court · 1986
- Packard v. CommissionerUnited States Tax Court · 1985
- Law v. CommissionerUnited States Tax Court · 1986
- Burns v. CommissionerUnited States Tax Court · 1982
16 more not listed; retrieve them via the Exa API.