Legal Opinion

Buckhardt v. Commissioner

United States Board of Tax Appeals

Decided August 29, 1935No. Docket No. 76255Published

In 1931 petitioner received an award for condemnation of his farm. In 1933 he used a part of the proceeds of the award to purchase and equip property similar in service and use, having in the meantime engaged in a continuous search for suitable property. Held, under the circumstances, that the amount of the gain from the award to be recognized should be limited under the provisions of section 112(f) of the Revenue Act of 1928.

1Opinion of the Court

AUGUST BUCKHARDT, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Buckhardt v. Commissioner

Docket No. 76255.

United States Board of Tax Appeals

32 B.T.A. 1272; 1935 BTA LEXIS 821;

August 29, 1935, Promulgated

In 1931 petitioner received an award for condemnation of his farm. In 1933 he used a part of the proceeds of the award to purchase and equip property similar in service and use, having in the meantime engaged in a continuous search for suitable property. Held, under the circumstances, that the amount of the gain from the award to be recognized should be limited under the…

2Cases cited4 opinions

  1. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
  2. Haberland v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Buckhardt v. CommissionerUnited States Board of Tax Appeals · 1935
  4. Eastern Steamship Lines, Inc. v. CommissionerUnited States Board of Tax Appeals · 1929

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