BELZ INV. CO., INC. v. C. I. R.

No. 80-1149.

661 F.2d 76 (1981)

BELZ INVESTMENT COMPANY, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

October 5, 1981.


Attorney(s) appearing for the Case

Tommy H. Jagendorf, Memphis, Tenn., for petitioner-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert Andrews, Tax Div., U.S. Dept. of Justice, Washington, D. C., William S. Estabrook, Philip I. Brennan, N. Jerold Cohen, Chief Counsel, Internal Revenue Service, Washington, D. C., for respondent-appellee.

Before: KEITH and MARTIN, Circuit Judges, and DUNCAN, District Judge.


ORDER

During 1969 petitioner, Belz Investment Co., Inc. (Belz) accepted specifications from Miller-Wohl Co., Inc. (Miller-Wohl) for three Welles Department Stores on property which Belz owned in Memphis, Tennessee. The three structures were designed solely for occupancy by a Welles Department Store. Construction was completed on the three buildings by June, 1972.

On September 28, 1972, Miller-Wohl, the owner of the three Welles Department Stores, filed a...

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