Legal Opinion

Aagaard v. Commissioner

United States Tax Court

Decided April 28, 1971No. Docket No. 5907-67Published

Petitioners entered into a number of real estate transactions in 1964, the tax consequences of which are in dispute. Moreover, respondent disallowed all but one-twelfth of certain real estate taxes petitioners paid and deducted on their tax return for 1965. Although they did not take such a deduction on their tax return for 1965, petitioners also alleged for the first time in their petition that they were entitled to deduct $ 5,000 as a result of the worthlessness of certain…

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Petitioners entered into a number of real estate transactions in 1964, the tax consequences of which are in dispute. Moreover, respondent disallowed all but one-twelfth of certain real estate taxes petitioners paid and deducted on their tax return for 1965. Although they did not take such a deduction on their tax return for 1965, petitioners also alleged for the first time in their petition that they were entitled to deduct $ 5,000 as a result of the worthlessness of certain stock. Held, under sec. 1034(a) petitioners are entitled to defer recognition of $ 926.81 in gain realized on the…

1Opinion of the Court

Robert W. Aagaard & Margery B. Aagaard, Petitioners v. Commissioner of Internal Revenue, Respondent

Aagaard v. Commissioner

Docket No. 5907-67

United States Tax Court

56 T.C. 191; 1971 U.S. Tax Ct. LEXIS 139;

April 28, 1971, Filed

Decision will be entered under Rule 50.

Petitioners entered into a number of real estate transactions in 1964, the tax consequences of which are in dispute. Moreover, respondent disallowed all but one-twelfth of certain real estate taxes petitioners paid and deducted on their tax return for 1965. Although they did not take such a deduction on their tax return for 1965,…

2Cases cited20 opinions

  1. Boehm v. CommissionerSupreme Court of the United States · 1945
  2. Stolk v. CommissionerUnited States Tax Court · 1963
  3. Hoover v. CommissionerUnited States Tax Court · 1959
  4. Ruge v. Comm'rUnited States Tax Court · 1956
  5. Paul v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953

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