- 2 - constructing the Atrium under sec. 165(a), I.R.C. Held: P may not allocate the cost of constructing the Atrium to the bases of the adjoining properties because the basic purpose of the Atrium was not the enhancement of the adjoining properties so as to induce sales of those properties. The basic purpose test enunciated in Estate of Collins v. Commissioner, 31 T.C. 238 (1958), and subsequent cases, is applicable, but the Atrium does not qualify under that test. Held, further, P has failed to establish a loss equal to the cost of constructing the Atrium pursuant to sec. 1.165-1(b) and (d)(1), Income Tax Regs., and, therefore, is not entitled to a deduction under sec. 165(a), I.R.C. II. Pursuant to various agreements (the 1988 Atrium Transaction), a member of the UBC affiliated group (LBC) sold an undivided 48-percent interest in the Atrium and certain related property, and another member of the UBC affiliated group (UBD) agreed to lease the Atrium and certain related property from LBC and another party. The UBC affiliated group reported the 1988 Atrium Transaction as a sale and leaseback for Federal income tax purposes. Held: P may not disavow the form of the 1988 Atrium Transaction. III. P claims that it is entitled to calculate the corporate minimum tax for the UBC affiliated group's 1977, 1980, 1984, and 1985 taxable years on a separate return basis and claims refunds for those years on that basis. Held: The regular tax deduction under sec. 56(c), I.R.C., for an affiliated group of corporations is limited to the amount of tax imposed on the group under chapter one of subtitle A (without regard to the corporate minimum tax and certain other provisions and reduced by the sum of certain credits) and, therefore, P's refund claim is denied. IV. P claims that certain furniture and fixtures placed in service by various members of the UBC affiliated group during the group’s 1987 through 1989 taxable years, which are described in both asset guideline classes 57.0 (Distributive Trades and Services) and 00.11 (Office Furniture, Fixtures, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011