Legal Opinion

Wagner v. Commissioner

United States Board of Tax Appeals

Decided December 27, 1927No. Docket No. 4265Published

In 1918 the Alien Property Custodian illegally seized the property of petitioner, an American citizen, his records and bank accounts, which included his income for that year. The cost of the property seized, and its value at that time, was in excess of $5,000,000. In 1921, after making due efforts to secure the return of the property, petitioner was forced to assign to a creditor his claim against the Custodian.

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In 1918 the Alien Property Custodian illegally seized the property of petitioner, an American citizen, his records and bank accounts, which included his income for that year. The cost of the property seized, and its value at that time, was in excess of $5,000,000. In 1921, after making due efforts to secure the return of the property, petitioner was forced to assign to a creditor his claim against the Custodian. At that time the property had depreciated to a value of less than $1,500,000. In 1923 the Custodian released what remained of the property and turned it over to petitioner's assignee.…

1Opinion of the Court

RICHARD G. WAGNER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Wagner v. Commissioner

Docket No. 4265.

United States Board of Tax Appeals

9 B.T.A. 925; 1927 BTA LEXIS 2496;

December 27, 1927, Promulgated

In 1918 the Alien Property Custodian illegally seized the property of petitioner, an American citizen, his records and bank accounts, which included his income for that year. The cost of the property seized, and its value at that time, was in excess of $5,000,000. In 1921, after making due efforts to secure the return of the property, petitioner was forced to assign to a creditor…

2Cases cited7 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Bowers v. Kerbaugh-Empire Co.Supreme Court of the United States · 1926
  3. Stoehr v. WallaceSupreme Court of the United States · 1921
  4. United States v. Chemical Foundation, Inc.District Court, D. Delaware · 1924
  5. Gregg's EstateSupreme Court of Pennsylvania · 1920

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