Opinion

Lomas Santa Fe, Inc. v. Commissioner

  • 693 F.2d 71
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 1, 1982
Status
Published
Author
Pregerson
On the bench
Hug, Pregerson, Tang
Cited by
7 cases

“[I]t is ultimately up to the taxpayer and not the courts to structure transactions in a manner eligible for favorable tax treatment . . . .”

How later courts described this case

  • “[I]t is ultimately up to the taxpayer and not the courts to structure transactions in a manner eligible for favorable tax treatment . . . .”

Written by the judges who cited it.

The opinion

PREGERSON, Circuit Judge,

dissenting.

I dissent. The transaction described in the Majority’s Opinion was structured by the taxpayer for valid business purposes. I am of the view that the estate for years retained by taxpayer satisfies the requirements for a depreciation deduction under I.R.C. § 167. I do not find this result to be unsettling, but if it is, then Congress should take the appropriate corrective action to amend the statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.