Legal Opinion

Aldridge v. Commissioner

United States Tax Court

Decided December 24, 1968No. Docket No. 6447-66Published

Property of petitioners was condemned in 1963 and the condemnor deposited the amount of the initial award, as determined by a Kentucky county court, with the clerk of the court. Petitioners appealed the award amount and did not obtain the deposit until the litigation was settled in 1965, at which time payment to them was made.

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Property of petitioners was condemned in 1963 and the condemnor deposited the amount of the initial award, as determined by a Kentucky county court, with the clerk of the court. Petitioners appealed the award amount and did not obtain the deposit until the litigation was settled in 1965, at which time payment to them was made. Kentucky law specified that withdrawal of the deposit would not prejudice petitioners' appeal but that they would be required to pay interest to the condemnor on any amount withdrawn in excess of the amount finally determined on appeal. Held, petitioners constructively…

1Opinion of the Court

Harry D. Aldridge and Virgil Aldridge, Petitioners v. Commissioner of Internal Revenue, Respondent

Aldridge v. Commissioner

Docket No. 6447-66

United States Tax Court

51 T.C. 475; 1968 U.S. Tax Ct. LEXIS 7;

December 24, 1968, Filed

Decision will be entered under Rule 50.

Property of petitioners was condemned in 1963 and the condemnor deposited the amount of the initial award, as determined by a Kentucky county court, with the clerk of the court. Petitioners appealed the award amount and did not obtain the deposit until the litigation was settled in 1965, at which time payment to them was made.…

2Cases cited29 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Irving A. Adler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
  3. Patrick McGuirl, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1935
  4. Adolph K. Feinberg and Virginia B. Feinberg, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
  5. Nitterhouse v. United StatesCourt of Appeals for the Third Circuit · 1953

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