Legal Opinion

Estate of Walker v. Commissioner

United States Tax Court

Decided December 17, 1970No. Docket Nos. 6322-66, 1677-69, 360-70Published

Decedent entered into an arrangement with a contractor in order to dispose of certain fill dirt and other materials from decedent's property and to have the property left in such condition that its grade and drainage would facilitate the productive use of the land in the future.

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Decedent entered into an arrangement with a contractor in order to dispose of certain fill dirt and other materials from decedent's property and to have the property left in such condition that its grade and drainage would facilitate the productive use of the land in the future. Under the governing instrument, the materials to be removed did not become the property of the contractor until they had been removed and until decedent had been paid for them at a specified rate per cubic yard of material removed. Held, in the circumstances of this case, the gain reflected in the payments made in…

1Opinion of the Court

Estate of Marian H. Walker, Deceased, Irvin C. Walker and Elsie Walker Barnes, Co-Executors, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Walker v. Commissioner

Docket Nos. 6322-66, 1677-69, 360-70

United States Tax Court

55 T.C. 522; 1970 U.S. Tax Ct. LEXIS 7;

December 17, 1970, Filed

Decisions will be entered for the respondent.

Decedent entered into an arrangement with a contractor in order to dispose of certain fill dirt and other materials from decedent's property and to have the property left in such condition that its grade and drainage would facilitate the productive…

2Cases cited1 opinion

  1. Estate of Walker v. CommissionerUnited States Tax Court · 1970

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