- 22 - how much VRI had received in membership fees and regardless of the amount of VRI’s losses in connection with operation of the Clubhouse during the transition period. Under the Contract, until transfer of title from the escrow to VCI, VRI was required to fund any deficit and to retain any net income from operating the Clubhouse. VCI, however, during the transition period had control over the amount of dues charged to members, and VCI thereby largely controlled the income or loss to be realized from operation of the Clubhouse. With regard specifically to a depreciable ownership interest in property, in Commissioner v. Moore, 207 F.2d 265, 268 (9th Cir. 1953), revg. and remanding 15 T.C. 906 (1950), the Court of Appeals for the Ninth Circuit stated: It is not the physical property itself, nor the title thereto, which alone entitles the owner to claim depreciation. The statutory allowance is available to him whose interest in the wasting asset is such that he would suffer an economic loss resulting from the deterioration and physical exhaustion as it takes place. * * * See also Weiss v. Weiner, 279 U.S. 333 (1929); Geneva Drive-In Theatre, Inc. v. Commissioner, 622 F.2d 995 (9th Cir. 1980). In petitioners’ post-trial brief, petitioners accurately summarize the transaction before us as follows: VRI acquired the Project for a single purpose -- to create (1) valuable homesites abutting a first-class golf course and (2) valuable golf club memberships and toPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011