Legal Opinion

Von-Lusk v. Commissioner

United States Tax Court

Decided February 2, 1995No. Docket No. 4271-93PublishedCited by 21 opinions

P is a partnership organized for the purpose of managing, holding, and developing property for investment. P acquired certain raw land (the property) which it planned to subdivide. It planned to build houses on the lots of the resulting subdivision.

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P is a partnership organized for the purpose of managing, holding, and developing property for investment. P acquired certain raw land (the property) which it planned to subdivide. It planned to build houses on the lots of the resulting subdivision. P deducted the costs of meeting with government officials, obtaining building permits and zoning variances, negotiating permit fees, performing engineering and feasibility studies, and drafting architectural plans as "other deductions." P also deducted property taxes in respect of the property. Sec. 263A(a) and (b)( 1), I.R.C., precludes the…

1Opinion of the Court

OPINION

Raum, Judge:

This case involves the Commissioner’s determination that certain expenses deducted in Von-Lusk’s returns for 1988, 1989, and 1990, were not deductible but instead were to be capitalized under section 263A.1

Von-Lusk (also referred to as the partnership) is a California limited partnership. Petitioner, the Lusk Co., is an S corporation and was the tax matters partner of Von-Lusk for 1988, 1989, and 1990. On the date the petition was filed in this case, the principal place of business for both the partnership and the Lusk Co. was in Irvine, California.

Von-Lusk filed a U.S.…

2Cases cited5 opinions

  1. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  2. Universal Battery Co. v. United States and Four Other CasesSupreme Court of the United States · 1930
  3. Louisiana Land & Exploration Co. v. CommissionerUnited States Tax Court · 1946
  4. Louisiana Land & Exp. Co. v. Commissioner of Int. Rev.Court of Appeals for the Fifth Circuit · 1947
  5. Phillips Petroleum Co. v. CommissionerUnited States Tax Court · 1993

3Cited by21 opinions

  1. Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
  2. Suzy's Zoo (R) v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2001
  3. Dominion Resources, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  4. ADVO, Inc. & Subsidiaries v. CommissionerUnited States Tax Court · 2013
  5. Reichel v. CommissionerUnited States Tax Court · 1999

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