Legal Opinion

Eggerman Inv. Co. v. Commissioner

United States Board of Tax Appeals

Decided December 28, 1937No. Docket No. 79013Published

The petitioner sold a parcel of real property, retaining title, and returned the profit on the installment basis. The buyer defaulted and in 1932 the petitioner reacquired possession and the unpaid installment obligations were satisfied for certain considerations.

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The petitioner sold a parcel of real property, retaining title, and returned the profit on the installment basis. The buyer defaulted and in 1932 the petitioner reacquired possession and the unpaid installment obligations were satisfied for certain considerations. Held, following Boca Ratone Co. v. Commissioner, 86 Fed.(2d) 9, that repossession did not result in taxable income to be computed in accordance with article 353, Regulations 77, but that the transaction between buyer and petitioner in 1932 constituted a satisfaction of the buyer's installment obligation at other than face value…

1Opinion of the Court

EGGERMAN INVESTMENT COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Eggerman Inv. Co. v. Commissioner

Docket No. 79013.

United States Board of Tax Appeals

36 B.T.A. 1196; 1937 BTA LEXIS 610;

December 28, 1937, Promulgated

The petitioner sold a parcel of real property, retaining title, and returned the profit on the installment basis. The buyer defaulted and in 1932 the petitioner reacquired possession and the unpaid installment obligations were satisfied for certain considerations. Held, following Boca Ratone Co. v. Commissioner, 86 Fed.(2d) 9, that repossession did not result…

2Cases cited1 opinion

  1. Eggerman Inv. Co. v. CommissionerUnited States Board of Tax Appeals · 1937

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