Fairfield Plaza, Inc. v. Commissioner

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Fairfield Plaza, Inc. v. Commissioner
Seal of the United States Tax Court.svg
Court United States Tax Court
Full case nameFairfield Plaza, Inc. v. Commissioner of Internal Revenue
Decided January 23, 1963 (1963-01-23)
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.

United States Tax Court federal trial court of record established by Congress under §8, Article I of the U.S. Constitution; adjudicates disputes over federal income tax, generally prior to the time at which formal tax assessments are made by the Internal Revenue Service

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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Contents

Background

Facts

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.

Being in escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, most generally, used with plentiful terms that conduct the rightful actions that follow. The disbursement is dependent on conditions agreed to by the transacting parties. Examples include an account established by a broker for holding funds on behalf of the broker's principal or some other person until the consummation or termination of a transaction; or, a trust account held in the borrower's name to pay obligations such as property taxes and insurance premiums. The word derives from the Old French word escroue, meaning a scrap of paper or a scroll of parchment; this indicated the deed that a third party held until a transaction was completed.

Tax return

The IRS determined that the taxpayer improperly allocated these allocations in its tax return.

Internal Revenue Service revenue service of the United States federal government

The Internal Revenue Service (IRS) is the revenue service of the United States federal government. The government agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The IRS is responsible for collecting taxes and administering the Internal Revenue Code, the main body of federal statutory tax law of the United States. The duties of the IRS include providing tax assistance to taxpayers and pursuing and resolving instances of erroneous or fraudulent tax filings. The IRS has also overseen various benefits programs, and enforces portions of the Affordable Care Act.

Tax returns in the United States are reports filed with the Internal Revenue Service (IRS) or with the state or local tax collection agency containing information used to calculate income tax or other taxes. Tax returns are generally prepared using forms prescribed by the IRS or other applicable taxing authority.

Issues

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.

Opinion of the court

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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References

  1. Fairfield Plaza, Inc. v. Commissioner, 39T.C.706 (T.C.1963).