Legal Opinion

Franklin B. Biggs v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided December 15, 1980No. 78-3361PublishedCited by 42 opinions

1Opinion of the Court

HENDERSON, Circuit Judge:

The Commissioner of Internal Revenue appeals from the decision of the United States Tax Court holding that a transfer of real property effected by the taxpayer, Franklin B. Biggs, constituted an exchange within the meaning of § 1031 of the Internal Revenue Code of 1954. We affirm.

The numerous transactions which form the subject of this suit are somewhat confusing and each detail is of potential significance. Thus, it will be necessary to recount with particularity the facts as found by the Tax Court.

Biggs owned two parcels of land located in St. Martin’s Neck,…

2Cases cited8 opinions

  1. T. J. Starker v. United StatesCourt of Appeals for the Ninth Circuit · 1979
  2. Kanawha Gas & Utilities Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  3. June Pinson Carlton and Charles T. Carlton, as Administrators of the Estate of Thad H. Carlton, and June Carlton v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  4. Redwing Carriers, Inc. v. TomlinsonCourt of Appeals for the Fifth Circuit · 1968
  5. WD Haden Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1948

3 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Norman J. And Beverly G. Magneson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  2. Emsy H. Swaim and Annie Swaim, Cross v. United States of America, CrossCourt of Appeals for the Fifth Circuit · 1981
  3. Estate of Bowers v. CommissionerUnited States Tax Court · 1990
  4. Bolker v. CommissionerUnited States Tax Court · 1983
  5. Garcia v. CommissionerUnited States Tax Court · 1983

37 more not listed; retrieve them via the Exa API.

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