Legal Opinion
Twinboro Corp. v. Commissioner
Court of Appeals for the Second Circuit
Decided May 7, 1945No. 45PublishedCited by 9 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
This case presents only one point in addition to those which we discussed in Winter Realty & Construction Co. v. Commissioner of Internal Revenue, 2 Cir., 149 F.2d 567, handed down herewith. It is this : Whether an owner whose property has been condemned may buy “similar property” in anticipatory replacement of the award, pay for it out of his own funds, recoup himself later out of the award when he gets it, and treat any “gain” as exempt under § 112(f), 26 U.S.C.A. Int.Rev.Code, § 112(f). The taxpayer seeks to distinguish this situation from that which was before us in…
2Cases cited3 opinions
- Winter Realty & Const. Co. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1945
- Bandes v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1934
- Washington R. & E. Co. v. CommissionerUnited States Board of Tax Appeals · 1939
3Cited by9 opinions
- Goodman v. CommissionerUnited States Tax Court · 1951
- Kennebec Box & Lumber Co. v. CommissionerCourt of Appeals for the First Circuit · 1948
- Ovider Realty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1951
- Strauss v. CommissionerUnited States Tax Court · 1954
- Cameron Machine Co. v. CommissionerUnited States Tax Court · 1955
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