Oblinger v. Commissioner
United States Tax Court
Petitioner, a charitable trust owning farmland, entered into three sharecrop leases. The sharecrop leases provided for rent to be determined on a fixed percentage of the crops harvested. The sharecrop leases also provided for the sharing of certain expenses. Held, the amount of rent is not determined, in whole or in part, on the income or profits of the sharecroppers; thus the rents are excluded from UBIT under sec. 512(b) (3) (B) (ii), I.R.C.
1Opinion of the Court
Parr, Judge:
Respondent determined deficiencies in petitioner’s Federal tax as follows:
Excise tax First tier tax Second tier tax Year sec. 4940(b) sec. 4942(a) sec. 4942(b)
CO CO CO 00 •€©■ M CO 00 OX
$972 $6,483 CO CJ r — 1 i — 1 CO 00 05
The issue for decision is whether rents received under sharecrop leases are excluded from unrelated business taxable income pursuant to section 512(b)(3)(B)(ii).1
FINDINGS OF FACT
Some of the facts have been stipulated. The stipulation of facts and exhibits are incorporated herein by this reference.
Petitioner is a charitable trust created pursuant to the terms of…
2Cases cited11 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Bauschard v. CommissionerUnited States Tax Court · 1959
- Raymond Bauschard v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1960
- Haley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
- State National Bank of El Paso, Trustee for Lee Moor Children's Home v. United StatesCourt of Appeals for the Fifth Circuit · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Oblinger v. CommissionerUnited States Tax Court · 1993
- White's Ferry v. CommissionerUnited States Tax Court · 1993
- White's Iowa Manual Labor Inst. v. CommissionerUnited States Tax Court · 1993