Legal Opinion

MCGRATH v. COMMISSIONER

United States Tax Court

Decided September 18, 2002No. 126-99UnpublishedCited by 1 opinion

In 1995, Ps leased (as lessee) retail space in a shopping center to operate a bakery. When Ps entered into the lease, the leased space was nothing more than a dirt floor enclosed by temporary walls; the leased space was not serviced by any utilities. The lease obligated Ps to make substantial permanent improvements to the leased space at their own expense.

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In 1995, Ps leased (as lessee) retail space in a shopping center to operate a bakery. When Ps entered into the lease, the leased space was nothing more than a dirt floor enclosed by temporary walls; the leased space was not serviced by any utilities. The lease obligated Ps to make substantial permanent improvements to the leased space at their own expense. Other than trade fixtures, the permanent improvements Ps made to the leased space became the property of the lessor upon installation. Ps did not make a sec. 179, I.R.C. 1986, election on their timely filed tax return for either 1995 or…

1Opinion of the Court

MICHAEL A. MCGRATH AND FRANCES Y. MCGRATH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

MCGRATH v. COMMISSIONER

No. 126-99

United States Tax Court

T.C. Memo 2002-231; 2002 Tax Ct. Memo LEXIS 238; 84 T.C.M. (CCH) 238;

September 18, 2002, Filed

Decision will entered under for Respondent.

In 1995, Ps leased (as lessee) retail space in a shopping

center to operate a bakery. When Ps entered into the lease, the

leased space was nothing more than a dirt floor enclosed by

temporary walls; the leased space was not serviced by any

utilities. The lease obligated Ps to make substantial permanent

improv…

2Cases cited20 opinions

  1. Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
  2. Commissioner v. Idaho Power Co.Supreme Court of the United States · 1974
  3. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  4. Foster v. Comm'rUnited States Tax Court · 1983
  5. Duffy v. Central R. Co. of NJSupreme Court of the United States · 1925

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

3Cited by1 opinion

  1. Visin v. Comm'rUnited States Tax Court · 2003

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