Legal Opinion

Leahy v. Commissioner

United States Tax Court

Decided July 3, 1986No. Docket Nos. 9475-84, 9488-84PublishedCited by 96 opinions

P is claiming depreciation and investment tax credit in connection with a movie through his interest as a limited partner. P contends that the partnership purchased the ownership interest in a motion picture photoplay and R argues that the partnership did not have any ownership interest which would enable limited partners to receive tax benefits.

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P is claiming depreciation and investment tax credit in connection with a movie through his interest as a limited partner. P contends that the partnership purchased the ownership interest in a motion picture photoplay and R argues that the partnership did not have any ownership interest which would enable limited partners to receive tax benefits. In a fully stipulated case where the parties agreed upon the facts and issues to be presented, R raised a new position or issue for the first time in his opening brief. Held, the partnership did not acquire a 100-percent ownership interest in the…

1Opinion of the Court

GERBER, Judge:

Respondent determined deficiencies in petitioners’ Federal income taxes for the taxable years 1978 and 1980 of $177,974 and $36,564, respectively. Respondent also determined additions to tax under section 6653(a)1 for the taxable years 1978 and 1980 in the amounts of $11,736 and $6,906, respectively. With respect to the taxable year 1980, respondent determined an addition to tax under section 6651(a) in the amount of $5,469. The parties have filed a stipulation of settled issues which purports to resolve all but one adjustment common to both the 1978 and 1980 taxable years in…

2Cases cited29 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Gregory v. HelveringSupreme Court of the United States · 1935
  3. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  4. Commissioner v. BrownSupreme Court of the United States · 1965
  5. Estate of Charles T. Franklin, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976

24 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Rose v. CommissionerUnited States Tax Court · 1987
  2. Zirker v. CommissionerUnited States Tax Court · 1986
  3. Taube v. CommissionerUnited States Tax Court · 1987
  4. Stephen A. Mahoney, Iii, and Mary Ann Mahoney v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1987
  5. Pagel, Inc. v. CommissionerUnited States Tax Court · 1988

91 more not listed; retrieve them via the Exa API.

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