Samuel E. Bogley and Anita C. Bogley v. Commissioner of Internal Revenue

SOBELOFF, Chief Judge.

This controversy arises from the taxpayers’ sale in 1951 of ten acres of land left over from the sale in 1950 of a house and three acres of a total of thirteen acres of land, used as their residence. The Commissioner of Internal Revenue refused to allow the taxpayers the nonrecognition of gain benefits of Sec. 112 (n)(l), Internal Revenue Code of 1939, as amended, 26 U.S.C.A. § 112(n)(l), which pertains to the sale or exchange of residence property, and accordingly assessed a deficiency of $5,313.02 for the year 1951. The Tax Court’s decision, from which five judges…