Commissioner v. Tufts

PETITIONER: Commissioner
LOCATION: Central Bank of Nigeria Headquarters

DOCKET NO.: 81-1536
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Fifth Circuit

CITATION: 461 US 300 (1983)
ARGUED: Nov 29, 1982
DECIDED: May 02, 1983

Ronald M. Mankoff - on behalf of the Respondents
Stuart A. Smith - on behalf of the Petitioner

Facts of the case


Media for Commissioner v. Tufts

Audio Transcription for Oral Argument - November 29, 1982 in Commissioner v. Tufts

Audio Transcription for Opinion Announcement - May 02, 1983 in Commissioner v. Tufts

Warren E. Burger:

The judgment and opinion of the Court in Commissioner of Internal Revenue against Tufts will be announced by Justice Blackmun.

Harry A. Blackmun:

This case also comes to us from the United States Court of Appeals for the Fifth Circuit.

The case does not readily lend itself to announcement from the bench that suffice as I think to say that it is an income tax case concerning Section 752(d) of the Internal Revenue Code of 1954 in partnership interests and a nonrecourse mortgage loan.

And it also focuses on a 1947 decision by this Court called Crane against Commissioner.

The United States Tax Court upheld deficiencies asserted by the Commissioner against the respondents and the Fifth Circuit reversed expressly disagreeing with an earlier Third Circuit decision.

We granted certiorari to resolve the conflict.

In an opinion filed with the clerk today, we reverse the judgment of the Fifth Circuit for we find the Commissioner's interpretation of the facts to be consistent with the Crane case and is implementing the statutory mandate in a reasonable manner.

Justice O'Connor while joining the opinion has filed a separate concurring opinion.

Warren E. Burger:

Thank you Justice Blackmun.