Cunningham v. Commissioner
United States Tax Court
Held, that an amount of $ 5,000 paid by a partnership, as lessee, to its lessor in 1948 as advance rental was not reimbursed to it by its sublessee, and that such amount is deductible by the partnership from income of the taxable year 1957 when applied against the rental for that year.
1Opinion of the Court
Atkins, Judge:
The respondent determined deficiencies in income tax of petitioner Lola Cunningham and of petitioners S. B. and Jane Ingram for the calendar year 1957 in the amounts of $495.83 and $1,625.02, respectively.
The issue which is common to each of these consolidated cases is whether a partnership consisting of petitioners Lola Cunningham and S. B. Ingram is entitled to deduct in 1957, the last year of a lease, an amount of $5,000 paid in 1948 as advance rental and applied to rental for 1957.
FINDINGS OF FACT.
Some of the facts have been stipulated and are incorporated herein by this…
2Cases cited7 opinions
- Universal Oil Products Co. v. Campbell (United States, Intervenor) (Two Cases)Court of Appeals for the Seventh Circuit · 1950
- Glendinning, McLeish & Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1932
- Baton Coal Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1931
- Main & McKinney Bldg. Co., of Houston v. CommissionerCourt of Appeals for the Fifth Circuit · 1940
- Levy v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- University Properties, Inc. v. CommissionerUnited States Tax Court · 1966
- Smith v. CommissionerUnited States Tax Court · 1968
- Zaninovich v. CommissionerUnited States Tax Court · 1978
- Cunningham v. CommissionerUnited States Tax Court · 1962
- Smith v. CommissionerUnited States Tax Court · 1968
2 more not listed; retrieve them via the Exa API.