Legal Opinion

Camden v. Commissioner

United States Board of Tax Appeals

Decided October 20, 1942No. Dockets Nos. 106784, 106786Published

1. The owner of real estate, for consideration not questioned, conveyed real estate to her husband for his life, with remainder to herself. Held, that there was a sale of a capital asset and that there was error by the Commissioner in treating the proceeds of the sale as ordinary income from rental on a lease. 2. Held, that the grantee has not shown himself entitled to depreciation as using the property in trade or business.

1Opinion of the Court

ESTATE OF JOHNSON N. CAMDEN, DECEASED, AGNES M. CAMDEN AND FIRST NATIONAL BANK AND TRUST COMPANY OF LEXINGTON, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

AGNES MCEVOY CAMCEN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Camden v. Commissioner

Dockets Nos. 106784, 106786.

United States Board of Tax Appeals

47 B.T.A. 926; 1942 BTA LEXIS 628;

October 20, 1942, Promulgated

1. The owner of real estate, for consideration not questioned, conveyed real estate to her husband for his life, with remainder to herself. Held, that there was a sale of a capital asset…

2Cases cited6 opinions

  1. Irwin v. GavitSupreme Court of the United States · 1925
  2. Hort v. CommissionerSupreme Court of the United States · 1941
  3. Maass v. HigginsSupreme Court of the United States · 1941
  4. Bell v. CommissionerUnited States Board of Tax Appeals · 1942
  5. Keitel v. CommissionerUnited States Board of Tax Appeals · 1929

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