Edward & John Burke, Ltd. v. Commissioner
United States Tax Court
Taxpayer purchased property in 1929, which it abandoned in the fiscal year ended October 31, 1940. The property was sold for unpaid taxes for 1934 on December 28, 1935, and under the New York Tax Law taxpayer's right of redemption would have expired on December 27, 1936, unless the taxpayer came within the provisions of certain sections of the law as to occupancy, in which event the period of petitioner's right of redemption would have been extended beyond November 30, 1937,…
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Taxpayer purchased property in 1929, which it abandoned in the fiscal year ended October 31, 1940. The property was sold for unpaid taxes for 1934 on December 28, 1935, and under the New York Tax Law taxpayer's right of redemption would have expired on December 27, 1936, unless the taxpayer came within the provisions of certain sections of the law as to occupancy, in which event the period of petitioner's right of redemption would have been extended beyond November 30, 1937, when it paid the 1934 taxes. Taxpayer, acting in good faith, and claiming that there was occupancy, actively contested…
1Opinion of the Court
Edward and John Burke, Ltd., N. Y., Petitioner, v. Commissioner of Internal Revenue, Respondent
Edward & John Burke, Ltd. v. Commissioner
Docket No. 1712
United States Tax Court
3 T.C. 1031; 1944 U.S. Tax Ct. LEXIS 99;
June 27, 1944, Promulgated
Decision will be entered under Rule 50.
Taxpayer purchased property in 1929, which it abandoned in the fiscal year ended October 31, 1940. The property was sold for unpaid taxes for 1934 on December 28, 1935, and under the New York Tax Law taxpayer's right of redemption would have expired on December 27, 1936, unless the taxpayer came within the provisions…
2Cases cited5 opinions
- Rhodes v. CommissionerCourt of Appeals for the Sixth Circuit · 1939
- Lee v. FaroneAppellate Division of the Supreme Court of the State of New York · 1941
- Lee v. FaroneNew York Court of Appeals · 1942
- Sheldon v. RussellNew York Supreme Court · 1915
- Edward & John Burke, Ltd. v. CommissionerUnited States Tax Court · 1944