Legal Opinion

Union Carbide Foreign Sales Corp. v. Commissioner

United States Tax Court

Decided November 8, 2000No. 14641-97; No. 14642-97; No. 14643-97; No. 1119-99Published

P leased an asset, and the terms of the lease became onerous or burdensome. Under lease agreements, P was entitled to either terminate the lease or purchase the leased asset by the payment of a certain sum. P chose to acquire the leased asset and, relying on Cleveland Allerton Hotel, Inc. v. Commissioner, 166 F.2d 805 (6th Cir. 1948), revg. a Memorandum Opinion of this Court dated May 7, 1947, seeks to bifurcate and allocate the asset acquisition cost into two portions.

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P leased an asset, and the terms of the lease became onerous or burdensome. Under lease agreements, P was entitled to either terminate the lease or purchase the leased asset by the payment of a certain sum. P chose to acquire the leased asset and, relying on Cleveland Allerton Hotel, Inc. v. Commissioner, 166 F.2d 805 (6th Cir. 1948), revg. a Memorandum Opinion of this Court dated May 7, 1947, seeks to bifurcate and allocate the asset acquisition cost into two portions. P asserts one portion should represent the value of the leased asset without considering the value of the existing lease. P…

1Opinion of the Court

UNION CARBIDE FOREIGN SALES CORPORATION, ET AL., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Union Carbide Foreign Sales Corp. v. Commissioner

No. 14641-97; No. 14642-97; No. 14643-97; No. 1119-99

United States Tax Court

115 T.C. 423; 2000 U.S. Tax Ct. LEXIS 80; 115 T.C. No. 32;

November 8, 2000, Filed

An appropriate order will be issued.

P leased an asset, and the terms of the lease became

onerous or burdensome. Under lease agreements, P was entitled to

either terminate the lease or purchase the leased asset by the

payment of a certain sum. P chose to acquire the leased asset

and,…

2Cases cited12 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
  4. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
  5. Jones v. Liberty Glass Co.Supreme Court of the United States · 1948

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