Legal Opinion

Heckscher v. Commissioner

United States Board of Tax Appeals

Decided December 22, 1937No. Docket No. 82000PublishedCited by 3 opinions

Where a taxpayer exchanged property costing $176,382.05 for other property under a contract which limits his possible recovery on a later sale of said property to $150,000, he suffered a loss of $26,382.05, which is deductible in the year of the exchange.

1Opinion of the Court

OPINION.

Van Fossan :

This proceeding was brought to redetermine a deficiency in the income tax of the petitioner for the year 1932 in the sum of $2,847.93.

The sole issue is the deductibility of an alleged loss arising from the sale or exchange of certain stock, costing the petitioner $176,382.05, for real estate in which the petitioner’s interest was limited to $150,000.

In 1921 the petitioner and his wife organized the Heckscher Foundation for Children, hereinafter called the Foundation. Its purpose *1182is to help the underprivileged. It owns a building at 104th Street and Fifth Avenue, New York…

2Cited by3 opinions

  1. Cooley v. CommissionerUnited States Tax Court · 1959
  2. Cooley v. CommissionerUnited States Tax Court · 1959
  3. Heckscher v. CommissionerUnited States Board of Tax Appeals · 1937

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