SORRELL v. C.I.R.

No. 88-7331.

882 F.2d 484 (1989)

Gordon S. SORRELL, Jr. and June M. Sorrell, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 1, 1989.


Attorney(s) appearing for the Case

William S. Rose, Jr., Gary R. Allen, Asst. Attys. Gen., Ann Belanger Durney, Francis M. Allegra, U.S. Dept. of Justice, Tax Div., Washington, D.C., for respondent-appellant.

Henry H. Hutchinson, Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for petitioners-appellees.

Before FAY and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.


ANDERSON, Circuit Judge:

This case presents the question of whether the pre-opening expense doctrine applies to deductions under § 212 of the Internal Revenue Code. The Tax Court held that the investor services fee paid by a limited partnership prior to commencing business operations could be deducted currently. Because we hold that the pre-opening expense doctrine applies under these circumstances to bar current deductibility...

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