§1019 — Property on which lessee has made improvements
11 cases·1 followed·1 distinguished·9 cited—9% support
Statute Text — 26 U.S.C. §1019
Neither the basis nor the adjusted basis of any portion of real property shall, in the case of the lessor of such property, be increased or diminished on account of income derived by the lessor in respect of such property and excludable from gross income under section 109 (relating to improvements by lessee on lessor’s property).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.1019-1 Property on which lessee has made improvements
11 Citing Cases
Section 1019 of the California Civil Code provides: A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for purposes of trade, * * * if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of th
1999-201, regarding whether the tenant retained a right to remove trade fixtures, and remanding for a determination of whether the improvements at issue were trade fixtures within the meaning of California Civil Code section 1019 (California Code section 1019)(West 1982).
* * * * * * * (b) Fraud.--If any part of any underpayment (as defined in subsection (c)) of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 50 percent of the underpayment.
Under the Internal Revenue Code of 1939, the civil fraud addition to tax for income tax was imposed by section 293(b), with a special rule in section 51(g)(6)(B) in certain joint tax return situations; for gift tax by section 1019(b); and generally for other taxes where tax returns or lists were filed by section 3612(d)(2).
ore us on this issue is 1987, we apply the statute as amended in 1988, because sec. 1005(c)(9) of the TAMRA 88, Pub. L. 100-647, 102 Stat. 3342, 3392, amended sec. 163(h)(6) retroactively to taxable years beginning after Dec. 31, 1986. See TAMRA 88, sec. 1019(a), 102 Stat. at 3593; TRA 86, sec. 511(e), 100 Stat. at 2249. 37 When a check is mailed, as opposed to being hand delivered as in the instant case, the mailing of the check, properly addressed, generally constitutes delivery of that check
Section 2652(a)(1)(A) provides that, "in the case of any property subject to the [Federal estate tax]," the term "transferor" means the decedent." Because of Mrs.