T.C. Memo. 1997-295 UNITED STATES TAX COURT SANDY LAKE ROAD LIMITED PARTNERSHIP, J. STEVE ANDERSON III, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9441-95. Filed June 30, 1997. R determined adjustments to certain of SLR's partnership items for 1990. On its 1990 Return of Partnership Income, SLR categorized as "other deductions" Texas "rollback" taxes incurred at the time of disposition of unimproved real property, as well as related attorney's fees. R reclassified these items as deductions related to portfolio income. See sec. 469(e)(1)(A)(i)(II), I.R.C. P now asserts that these items may be used to reduce the amount realized on the disposition of the property, on the ground that the rollback tax is not a real property tax within the meaning of sec. 164(a)(1), I.R.C. In the alternative, P disputes R's treatment of the disputed items as deductions related to portfolio income. 1. Held: The rollback tax is a specifically enumerated real property tax within the meaning of sec.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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