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Joseph J. Tallal, Jr. v. Commissioner of Internal Revenue

Joseph J. TALLAL, Jr., Plaintiff-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Defendant-Appellee

Tallal v. Comm'r of Internal Revenue, 778 F.2d 275 (5th Cir. 1985)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 16, 1985
Docket
No. 85-4085
Judges
Gee, Rubin, Davis
Citations
778 F.2d 27557 A.F.T.R.2d (RIA) 4381985 U.S. App. LEXIS 25430

Opinion — Gee

GEE, Circuit Judge.

This is a tax deficiency case. Appellant Tallal argues that the tax court erred in finding that Cumberland, the partnership in which Tallal was a limited partner, was not engaged in coal mining with the primary objective and intent of making a profit and therefore erred in upholding the Commissioner’s assessment of a deficiency in Tallal’s 1976 tax return. We affirm.

All expenses of every business transaction are not necessarily deductible under 26 U.S.C. § 162 (a). Before any such deduction is allowed, it must be shown that the activity or enterprise was undertaken with the dominant hope and intent of realizing a profit.

Louisiana Credit Union League v. United States, 693 F.2d 525, 532 (5th Cir.1982);

Hirsch v. Commissioner, 315 F.2d 731, 736 (9th Cir.1963). When the taxpayer is a member of a partnership, we have interpreted 26 U.S.C. § 702 (b) to require that business purpose must be assessed at the partnership level.

Barham v. United States, 301 F.Supp. 43, 44-47 (M.D.Ga.1969), aff'd per curiam, 429 F.2d 40, 41 (5th Cir.1970). Accordingly, for the purpose of determining whether an expense is deductible under 26 U.S.C. § 162 (a), the partnership’s motive controls, not an individual partner’s motive for joining the partnership.

Brannen v. Commissioner, 722 F.2d 695, 703-704 (11th Cir. 1984);

Goodwin v. Commissioner, 75 T.C. 424, 437 (1980), aff'd, 691 F.2d 490 (3d Cir.1982) (without published opinion);

Madison Gas & Electric Co. v. Commissioner, 633 F.2d 512, 517 (7th Cir.1980).

Using the criteria identified in Treasury Regulation § 1.183-2 for guidance, the tax court in today’s case found that Cumberland lacked a bona fide profit objective. Based on this, the tax court concluded that Tallal’s deduction under § 162(a) was not justified. The tax court’s finding of a lack of a bona fide profit objective is not clearly erroneous.

Pullman-Standard v. Swint, 456 U.S. 273, 285-87 , 102 S.Ct. 1781, 1788-89 , 72 L.Ed.2d 66 (1982);

Byram v. United States, 705 F.2d 1418, 1422-23 (5th Cir.1983).

We AFFIRM.

How later courts describe this case

Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.

  • (“When the taxpayer is a member of a partnership, we have interpreted section 702(b) to require that business purpose must be assessed at the partnership level.”)
  • (consents were valid and/or unrestricted where taxpayers executed them believing the consents were conditioned upon an event which had or would occur; taxpayers failed to memorialize their understanding in a writing associated with the consents)

Cited by 50 cases

View all citing references →
1986: 41987: 71988: 31989: 31990: 41991: 61992: 21993: 31994: 21995: 21997: 22000: 12002: 22004: 12007: 22008: 12009: 12012: 12019: 12023: 219862026peak 1987 · 7

Relies on it most ⓘ

  1. Knowles v. Commissioner1991 T.C. Memo. 57
  2. Donald R. Campbell and Patricia A. Campbell v. Commissioner of Internal Revenue868 F.2d 833 (6th Cir. 1989)
  3. James P. Thomas and Mary Lou Thomas v. Commissioner of Internal Revenue792 F.2d 1256 (4th Cir. 1986)
  4. Mecom v. Commissioner101 T.C. No. 26
  5. Keener v. United States76 Fed. Cl. 455 (Fed. Cl. 2007)
  6. Simon v. Commissioner830 F.2d 499 (3d Cir. 1987)

Most recent

  1. Soni v. Comm'r of Internal RevenueNo. 22-829 (2d Cir. Aug. 4, 2023)
  2. Soni v. Comm'r of Internal RevenueNo. 22-829 (2d Cir. July 27, 2023)
  3. WP Realty, LP, Olympia Realty, Inc., Tax Matters Partner v. Commissioner2019 T.C. Memo. 120
  4. Kettle v. United States104 Fed. Cl. 699 (Fed. Cl. 2012)
  5. Leblanc v. United States90 Fed. Cl. 186 (Fed. Cl. 2009)
  6. Prati v. United States81 Fed. Cl. 422 (Fed. Cl. 2008)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

DepthCaseCited by
Pullman-Standard v. Swint, 456 U.S. 273 (1982) 1,965
E.A. Brannen & Frances K. Brannen v. Comm'r of Internal Revenue, 722 F.2d 695 (11th Cir. 1984) 308
Hirsch v. Comm'r of Internal Revenue, 315 F.2d 731 (9th Cir. 1963) 185
Madison Gas & Elec. Co. v. Comm'r of Internal Revenue, 633 F.2d 512 (7th Cir. 1980) 102
Goodwin v. Comm'r, 75 T.C. 424 (Tax Ct. 1980) 86
Byram v. United States, 705 F.2d 1418 (5th Cir. 1983) 47
La. Credit Union League v. The United States, 693 F.2d 525 (5th Cir. 1982) 45
Barham v. United States, 301 F. Supp. 43 (M.D. Ga. 1969) 11
Ed. G. Barham & Martha F. Barham v. United States, 429 F.2d 40 (5th Cir. 1970) 8

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