ELM STREET REALTY TRUST v. COMMISSIONER

Docket No. 1977-79.

76 T.C. 803 (1981)

ELM STREET REALTY TRUST, WHITFIELD W. JOHNSON, TRUSTEE, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 18, 1981.


Attorney(s) appearing for the Case

William C. Hays and Robert F. Corliss, for the petitioner.

Barry J. Laterman, for the respondent.


NIMS, Judge:

Respondent determined deficiencies in petitioner's income tax for the taxable years ending February 28, 1975, February 29, 1976, and February 28, 1977, in the respective amounts of $4,538.82, $4,320.88, and $3,912. The issue for decision is whether the Elm Street Realty Trust is an association within the meaning of section 7701(a)(3)1 and thus taxable as a corporation.

FINDINGS OF FACT

Some of the...

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