Fairfield Plaza, Inc. v. Commissioner | |
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Court | United States Tax Court |
Full case name | Fairfield Plaza, Inc. v. Commissioner of Internal Revenue |
Decided | January 23, 1963 |
Citation(s) | 39 T.C. 706 (1963) |
Court membership | |
Judge sitting | Bruce |
Case opinions | |
Decision by | Bruce |
Laws applied | |
Internal Revenue Code | |
Keywords | |
Fairfield Plaza, Inc. v. Commissioner, 39 T.C. 706 (1963) [1] was a case before the United States Tax Court discussing timing alternatives in taxing the return of capital.
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court". The Tax Court specializes in adjudicating disputes over federal income tax, generally prior to the time at which formal tax assessments are made by the Internal Revenue Service. Though taxpayers may choose to litigate tax matters in a variety of legal settings, outside of bankruptcy, the Tax Court is the only forum in which taxpayers may do so without having first paid the disputed tax in full. Parties who contest the imposition of a tax may also bring an action in any United States District Court, or in the United States Court of Federal Claims; however these venues require that the tax be paid first, and that the party then file a lawsuit to recover the contested amount paid. Tax Court judges are appointed for a term of 15 years, subject to presidential removal for "inefficiency, neglect of duty, or malfeasance in office...."
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The taxpayer purchased a piece of land, divided it into two tracts, and made certain improvements.
The taxpayer sold both of the tracts of land in different years and allocated his basis between the two tracts based upon area. The taxpayer also allocated certain amounts that had been placed into escrow between the two tracts. The amounts in escrow were for improvements to the tract that was sold last.
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The IRS determined that the taxpayer improperly allocated these allocations in its tax return.
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The taxpayer challenged the IRS's determination, claiming that the IRS erroneously determined the proper allocation of his basis between the two tracts of land and that the IRS erroneously allocated the amounts that were placed in escrow for improvements between the two tracts of land.
The court affirmed, finding that the allocation of basis was not proper within the meaning of Treas. Reg. § 1.61-6, reasoning that:
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