Legal Opinion

Zermeno v. Commissioner

United States Tax Court

Decided November 4, 1991No. Docket No. 961-90Unpublished

Commencing in 1979, P made cash advances to his brother-in-law, M, for the purchase of a restaurant business. From 1980 through 1982, P advanced additional amounts to M for the purchase of the shopping center in which the restaurant was located and to support the restaurant operation. In 1984, P purchased the shopping center from M. In 1985, P sold the shopping center to a third party at a gain.

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Commencing in 1979, P made cash advances to his brother-in-law, M, for the purchase of a restaurant business. From 1980 through 1982, P advanced additional amounts to M for the purchase of the shopping center in which the restaurant was located and to support the restaurant operation. In 1984, P purchased the shopping center from M. In 1985, P sold the shopping center to a third party at a gain. In reporting the gain on the sale of the shopping center, P computed his basis in the property by including the amount listed as "total consideration" in escrow instructions executed by P and M, and…

1Opinion of the Court

BENJAMIN ZERMENO, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Zermeno v. Commissioner

Docket No. 961-90

United States Tax Court

T.C. Memo 1991-550; 1991 Tax Ct. Memo LEXIS 598; 62 T.C.M. (CCH) 1155; T.C.M. (RIA) 91550;

November 4, 1991, Filed

Decision will be entered under Rule 155.

Commencing in 1979, P made cash advances to his brother-in-law, M, for the purchase of a restaurant business. From 1980 through 1982, P advanced additional amounts to M for the purchase of the shopping center in which the restaurant was located and to support the restaurant operation. In 1984, P purchased…

2Cases cited16 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Neely v. CommissionerUnited States Tax Court · 1985
  3. Bixby v. CommissionerUnited States Tax Court · 1972
  4. Enoch v. CommissionerUnited States Tax Court · 1972
  5. Pallottini v. CommissionerUnited States Tax Court · 1988

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