ACTION DISTRIBUTING CO., INC. v. C.I.R.

No. 88-1182.

876 F.2d 534 (1989)

ACTION DISTRIBUTING COMPANY, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1989.

Rehearing Denied July 25, 1989.


Attorney(s) appearing for the Case

D. Michael Kratchman argued, Edward M. Deron, Dennis F. Tomorsky, Evans & Luptak, Detroit, Mich., for petitioner-appellant.

Gary R. Allen, Chief U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., Mary F. Clark, Robert S. Pomerance argued, for respondent-appellee.

Before MARTIN and JONES, Circuit Judges, and FEIKENS, Senior District Judge.


PER CURIAM:

The question presented is whether Action Distributing Company, Inc. (hereinafter "Action") is entitled as United Beverage Wholesalers, Inc.'s (hereinafter "United") transferee to a deduction for leasehold improvement expenditures which remained unamortized when the United/Byrne leases were terminated. The Tax Court held that Action was not entitled to a deduction because the terminations of the leases effected a liquidating distribution to Byrne.

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