Legal Opinion

Boesel v. Commissioner

United States Tax Court

Decided November 24, 1975No. Docket No. 1548-73Published

In September 1968 petitioner-husband was transferred by his employer from New York to San Francisco. As a result of the transfer, petitioners sold their residence in Greenwich, Conn., at an adjusted sales price of $ 162,307. One week later they purchased a new residence in Belvedere, Calif., at a cost of $ 138,222. This new residence had been constructed by the vendor on land leased to him for 75 years, as was required by the terms of the lease.

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In September 1968 petitioner-husband was transferred by his employer from New York to San Francisco. As a result of the transfer, petitioners sold their residence in Greenwich, Conn., at an adjusted sales price of $ 162,307. One week later they purchased a new residence in Belvedere, Calif., at a cost of $ 138,222. This new residence had been constructed by the vendor on land leased to him for 75 years, as was required by the terms of the lease. Pursuant to provision 5 in the lease, which proscribed any transfer or assignment of rights in the residence without an accompanying transfer or…

1Opinion of the Court

Richard E. Boesel, Jr., and Virginia N. Boesel, Petitioners v. Commissioner of Internal Revenue, Respondent

Boesel v. Commissioner

Docket No. 1548-73

United States Tax Court

65 T.C. 378; 1975 U.S. Tax Ct. LEXIS 26;

November 24, 1975, Filed

Decision will be entered under Rule 155.

In September 1968 petitioner-husband was transferred by his employer from New York to San Francisco. As a result of the transfer, petitioners sold their residence in Greenwich, Conn., at an adjusted sales price of $ 162,307. One week later they purchased a new residence in Belvedere, Calif., at a cost of $ 138,222. This new…

2Cases cited8 opinions

  1. Carlos and Jacqueline Marcello v. Commissioner of Internal Revenue, Joseph, Jr. And Anastasia Marcello v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1967
  2. Walburga Oesterreich v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  3. United States v. Nunnally Investment Co.Supreme Court of the United States · 1942
  4. Bachenheimer v. Palm Springs Management Corp.California Court of Appeal · 1953
  5. Parker v. Superior CourtCalifornia Court of Appeal · 1970

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