115 T.C. No. 32 UNITED STATES TAX COURT UNION CARBIDE FOREIGN SALES CORPORATION, ET AL.,1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 14641-97, 14642-97, Filed November 8, 2000. 14643-97, 11119-99. P leased an asset, and the terms of the lease became onerous or burdensome. Under lease agreements, P was entitled to either terminate the lease or purchase the leased asset by the payment of a certain sum. P chose to acquire the leased asset and, relying on Cleveland Allerton Hotel, Inc. v. Commissioner, 166 F.2d 805 (6th Cir. 1948), revg. a Memorandum Opinion of this Court dated May 7, 1947, seeks to bifurcate and allocate the asset acquisition cost into two portions. P asserts one portion should represent the value of the leased asset without considering the value of the existing lease. P further asserts that the remaining portion should be allowed as a business deduction for 1 Cases of the following petitioners are consolidated herewith: UOP, Catalysts, Adsorbents and Process Systems, Inc., Tax Matters Partner, docket No. 14642-97; Union Carbide Corporation and Subsidiaries, docket No. 14643-97; and Union Carbide Corporation and Subsidiaries, docket No. 11119-99.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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