Sunnyside Nurseries v. Commissioner
United States Tax Court
Held: Certain structures, commonly known as greenhouses, were "buildings" within the meaning of sec. 48(a)(1)(B), I.R.C. 1954. The greenhouses therefore did not constitute "section 38 property," and investments in such structures were ineligible for tax credits under sec. 38 of the Code.
1Opinion of the Court
OPINION
Baum, Judge:
Tbe only issue remaining for decision is whether petitioner was entitled to tax credits under section 38, I.R.C. 1954, in respect of its investment in greenhouses. Petitioner’s greenhouse expenditures qualified for such credits if the greenhouses constituted “section 38 property.” That term is defined by section 48 (a) (1), which provided as follows in respect of the years at issue:
SEC. 48. DEFINITIONS; SPECIAL RULES.(a) Section 38 Property.—(1) In general. — * * * the term “section 38 property” means—
(A) tangible personal property, or
(B) other tangible property (not…
2Cases cited5 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Catron v. CommissionerUnited States Tax Court · 1968
- Central Citrus Co. v. CommissionerUnited States Tax Court · 1972
- Moore v. CommissionerUnited States Tax Court · 1972
- Adolph Coors Co. v. CommissionerUnited States Tax Court · 1968
3Cited by14 opinions
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- Endres Floral Co. v. United StatesDistrict Court, N.D. Ohio · 1977
- Deseret Management Corporation v. United StatesUnited States Court of Federal Claims · 2013
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