Bayless v. Commissioner

1986 T.C. Memo. 113, 51 T.C.M. 669, 1986 Tax Ct. Memo LEXIS 490
United States Tax Court·Decided March 24, 1986·No. Docket Nos. 15619-84, 19143-84, 19155-84, 19930-84, 20410-84, 20686-84, 25408-84, 31460-84, 35241-84, 35647-84.·Unpublished

Opinion

JAMES E. BAYLESS AND JUDIE S. BAYLESS, ET AL., 1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Bayless v. Commissioner
Docket Nos. 15619-84, 19143-84, 19155-84, 19930-84, 20410-84, 20686-84, 25408-84, 31460-84, 35241-84, 35647-84.
United States Tax Court
T.C. Memo 1986-113; 1986 Tax Ct. Memo LEXIS 490; 51 T.C.M. (CCH) 669; T.C.M. (RIA) 86113;
March 24, 1986.
Donald Wolfson and Thomas Paris, for the petitioners.
Steven M. Walk, for the respondent.

WILLIAMS

MEMORANDUM OPINION

WILLIAMS, Judge: These consolidated cases are before this Court on the parties' cross-motions for summary judgment pursuant to Rule 121. 2 There are no genuine issues of material fact and summary judgment is appropriate.

In these consolidated cases, the Commissioner determined the following deficiencies in petitioners' Federal income taxes:

Docket No.PetitionerTaxable YearDeficiency
15619-84Bayless1980$2,499.07
19143-84Lague19801,760.00
19155-84Kudish19802,124.00
19930-84Oler19803,256.00
20410-84Falligant19802,717.29
20686-84Sharrock19803,939.00
25408-84Tupper19802,603.47
31460-84Chapman19813,126.80
35241-84Echerd19803,470.76
35647-84Banta19803,689.26

*491 The sole issue for decision is whether petitioners are entitled to a residential energy credit for geothermal renewable energy source property installed in their homes in 1980 or 1981.

The facts of these cases have been fully stipulated pursuant to Rule 122 and are so found. At the time their petitions were filed, petitioners resided at the locations indicated below:

Docket No.PetitionerResidence
15619-84BaylessChagrin Falls, Ohio
19143-84LagueAuburn, New Hampshire
19155-84KudishCheshire, Connecticut
19930-84OlerWynnewood, Pennyslvania
20410-84FalligantDenver, Colorado
(Francis)
FalligantDayton, Ohio
(Elizabeth)
20686-84SharrockRossville, Georgia
25408-84TupperLincoln, Nebraska
31460-84ChapmanCanal Fulton, Ohio
35241-84EcherdGreensboro, North Carolina
35647-84BantaAttica, Indiana

Each petitioner purchased and installed a Thermal Energy Transfer Corporation (TETCO) "Geothermal Ground-Water Heat Extractor" or other similar equipment in his principal residence, located in the United States, during the taxable year at issue in each case. The cost of the equipment and its installation was reported*492 by each petitioner as geothermal renewable energy source costs on his tax return.

Each petitioner was the original user of the equipment and installed the equipment for the principal purpose of heating and/or cooling his dwelling. The equipment was designed to extract heat from, or dispel heat t

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Bayless v. Commissioner, 1986 T.C. Memo. 113, 51 T.C.M. 669, 1986 Tax Ct. Memo LEXIS 490 (tax 1986).

1986 T.C. Memo. 113 (Bayless v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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