Legal Opinion

Liant Record, Inc., William I. Alpert and Paula G. Alpert, Abraham Alpert and Sarah Alpert, Jack L. Alpert v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided May 21, 1962No. 27192-27195_1PublishedCited by 24 opinions

1Opinion of the Court

LUMBARD, Chief Judge.

The sole question presented is whether the proceeds from the condemnation of an office building were reinvested in property which was “similar or related in service or use” within the meaning of § 1033 of the Internal Revenue Code of 1954 1 when the taxpayers purchased three apartment buildings. The Tax Court held that they were not, since the tenants of the office building used the property for a different purpose than the tenants of the apartment buildings. We reverse and remand.

The taxpayers 2 and Norman Einstein owned a 25-story, steel-frame office building located at…

2Cases cited16 opinions

  1. Lynchburg Nat'l Bank & Trust Co. v. CommissionerUnited States Tax Court · 1953
  2. Lynchburg Nat. Bank & Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1953
  3. Winter Realty & Const. Co. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1945
  4. Haberland v. CommissionerUnited States Board of Tax Appeals · 1932
  5. Gaynor News Co. v. CommissionerUnited States Tax Court · 1954

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Lucile McAulay Filippini, as of the Last Will and Testament of Carra McAulay Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  2. Loco Realty Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
  3. Wheeler v. CommissionerUnited States Tax Court · 1972
  4. The Clifton Investment Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1963
  5. Ben Pohn and Estelle Pohn v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1962

19 more not listed; retrieve them via the Exa API.

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