- 27 - sway the thinking of the appellate court that expressly disagreed with the Cleveland Allerton Hotel, Inc. holding.21 Accordingly, at the time of the enactment of section 167(c)(2), the weight of case authority did not permit the relief sought by petitioner. More significantly, in affirming the Second Circuit Court of Appeals, the Supreme Court’s holding in Millinery Ctr. Bldg. Corp. v. Commissioner, supra, resulted in the same outcome as the one prescribed by section 167(c)(2); i.e., no allocation of the acquisition cost to the lease was permitted in circumstances where a leased asset is acquired. Further, both the case precedent and the statute require that all of the cost be allocated to the depreciable capital asset.22 21 Respondent attempts to resolve these entangled circumstances by reference to our holding in Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). There we expressed the view that we would conform to the holding of a Federal Court of Appeals that is squarely on point, irrespective of whether we agree with that Court of Appeals’ holding. We have specifically disagreed with the holding of the Court of Appeals for the Sixth Circuit’s Cleveland Allerton holding. See Millinery Ctr. Bldg. Corp. v. Commissioner, 21 T.C. 817, 823-824 (1954), affd. in part, revd. in part 221 F.2d 322 (2d Cir. 1955), affd. 350 U.S. 456 (1956). The appeal of this case, as noted above, will be to the Court of Appeals for the Second Circuit, which agreed with our holding and disagreed with the Court of Appeals for the Sixth Circuit. See Millinery Ctr. Bldg. Corp. v. Commissioner, 221 F.2d at 323. 22 Where land with improvements was acquired, the courts have permitted the excess of the purchase price over the value of the land to be allocated to the building, a depreciable asset. In the present case, no such nondepreciable asset (such as land) is involved, and under sec. 167(c)(2) all of the acquisition cost is to be allocated to the acquired leased property.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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