Vaira v. Commissioner
United States Tax Court
The father of petitioner Peter Vaira devised land to him on condition that he support his mother for life and pay one of his brothers $ 2,000 over a period of years. Peter accepted the devise and paid out a total of $ 24,200 in discharge of these obligations. He also added certain improvements to the property. In 1958, a portion of the property was condemned and in 1959 a payment was received.
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The father of petitioner Peter Vaira devised land to him on condition that he support his mother for life and pay one of his brothers $ 2,000 over a period of years. Peter accepted the devise and paid out a total of $ 24,200 in discharge of these obligations. He also added certain improvements to the property. In 1958, a portion of the property was condemned and in 1959 a payment was received. He elected to replace the improvements on the condemned portion under sec. 1033, I.R.C. 1954. After a subsequent hearing, an additional amount was awarded, which was received in 1962. 1. Held, since the…
1Opinion of the Court
OPINION
Most of the issues in this case rest upon factual determinations which have been difficult to make on the basis of the record. The evi-deuce presented on petitioners’ behalf was disjointed and often confusing. In substantial measure, this was directly attributable to the fact that petitioners, due to their failure to keep records, were not able to produce any significant probative proof. The situation was compounded by the further element that petitioners’ principal witness, Peter Vaira, was a difficult and largely unconvincing witness. The problems thus created are accentuated by the…
2Cases cited58 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Crane v. CommissionerSupreme Court of the United States · 1947
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- Arrowsmith v. CommissionerSupreme Court of the United States · 1952
- Lucas v. Pilliod Lumber Co.Supreme Court of the United States · 1930
53 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Cupp v. CommissionerUnited States Tax Court · 1975
- Estate of Mason v. CommissionerUnited States Tax Court · 1975
- Hatfield v. CommissionerUnited States Tax Court · 1977
- Peter Vaira and Mary L. Vaira v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1971
- White v. CommissionerUnited States Tax Court · 1979
83 more not listed; retrieve them via the Exa API.