TONAWANDA COKE CORP. v. COMMISSIONER

Docket No. 2894-88.

95 T.C. 124 (1990)

TONAWANDA COKE CORPORATION, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed August 8, 1990.


Attorney(s) appearing for the Case

E.W. Dann Stevens, for the petitioner.

Gary Borek and Gary Bluestein, for the respondent.


WRIGHT, Judge:

Respondent determined a deficiency in petitioner's Federal income tax for taxable year 1983 in the amount of $358,074. After concessions by both parties, the sole issue remaining for decision is whether a portion of the cost of repairing a fire-damaged coke plant is attributable to a demolition for purposes of section 1.165-3(a)(1), Income Tax Regs., and therefore is properly chargeable to capital account with respect to the underlying land,...

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