Legal Opinion

May Dep't Stores Co. v. Commissioner

United States Tax Court

Decided March 1, 1951No. Docket Nos. 23855, 23859Published

Petitioner, as part of one transaction, irrevocably conveyed real estate for cash and a mortgage and bond to secure payment of the deferred purchase price, and took back a lease on the property for a term of 20 years without renewal privileges. Held, under the circumstances, that there was a bona fide sale of the property within the meaning of the statute, section 23 (f) of the Internal Revenue Code.

1Opinion of the Court

The May Department Stores Company (Successor of Kaufmann Department Stores, Inc., by Merger and Consolidation), Petitioner, v. Commissioner of Internal Revenue, Respondent. Kaufmann Department Stores, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

May Dep't Stores Co. v. Commissioner

Docket Nos. 23855, 23859

United States Tax Court

16 T.C. 547; 1951 U.S. Tax Ct. LEXIS 256;

March 1, 1951, Promulgated

Decisions will be entered under Rule 50.

Petitioner, as part of one transaction, irrevocably conveyed real estate for cash and a mortgage and bond to secure payment of the deferred…

2Cases cited4 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  3. May Dep't Stores Co. v. CommissionerUnited States Tax Court · 1951
  4. Bank of America Nat'l Trust & Sav. Asso. v. CommissionerUnited States Tax Court · 1950

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