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Stewart v. Commissioner of Internal Revenue

United States Court of Appeals, Fifth Circuit
Jun 7, 1990
902 F.2d 446 (5th Cir. 1990)

Summary

valuing leaseholds to determine proper charitable deduction

Summary of this case from Matter of Fairchild Aircraft Corp.

Opinion

No. 89-4333.

June 7, 1990.

John G. Gourlay, Jr., Gerald, Brand, Watters, Cox Hemleben, Jackson, Miss., James P. Coleman, Ackerman, Miss., for petitioners-appellants, cross-appellees.

Janet Kay Jones, Gary R. Allen, Richard Farber, Dept. of Justice, Tax Div., Peter K. Scott, Acting Chief Counsel, I.R.S., Washington, D.C., for respondent-appellee, cross-appellant.

Appeals from the Decision of the United States Tax Court.

Before THORNBERRY, GEE, and BARKSDALE, Circuit Judges.


Today we put an end to a case that, over the past five years, has made two trips through the Tax Court and two trips here — it having been tried to the Tax Court, appealed to this Court, remanded to the Tax Court for further proceedings and, again, appealed to us. Because we determine that the Tax Court got it right the second time around, we decline the parties' invitation to send it back for round three.

The facts of this case are carefully set forth in our opinion in Stewart v. Commissioner of Internal Revenue, 841 F.2d 118 (5th Cir. 1988). On remand of that case, the Tax Court valued the taxpayers' donated leasehold as follows:

30 acre tract — $37,000 3.88 acre tract — 6,231 40 acre tract — 94,000 [3] The Commissioner complains that the Tax Court's valuation was too big. The taxpayers complain that the Tax Court's valuation was too small. We determine, however, that the Tax Court got it "just right." Its finding as to the value of the taxpayers' donated leasehold was not clearly erroneous.

The decision of the Tax Court is AFFIRMED.


Summaries of

Stewart v. Commissioner of Internal Revenue

United States Court of Appeals, Fifth Circuit
Jun 7, 1990
902 F.2d 446 (5th Cir. 1990)

valuing leaseholds to determine proper charitable deduction

Summary of this case from Matter of Fairchild Aircraft Corp.
Case details for

Stewart v. Commissioner of Internal Revenue

Case Details

Full title:ROBERT E. AND GLORIA H. STEWART, PETITIONERS-APPELLANTS, CROSS-APPELLEES…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 7, 1990

Citations

902 F.2d 446 (5th Cir. 1990)

Citing Cases

Matter of Fairchild Aircraft Corp.

Such review is also contrary to the clear error standard we use to review determinations of valuation in…