Legal Opinion

Carpenter v. Commissioner

United States Board of Tax Appeals

Decided December 10, 1932No. Docket No. 54463Published

Real estate in Illinois acquired by petitioner and her husband in 1919 as joint tenants was later sold by petitioner as surviving widow. Held, that under the provisions of section 113(a) of the Revenue Act of 1928, the basis for the determination of gain or loss upon such sale is the amount of the cost of such property, since none of the exceptions, more particularly the provisions of section 113(a)(5), dealing with the acquisition of property "by intestacy," governs.

1Opinion of the Court

HELEN G. CARPENTER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Carpenter v. Commissioner

Docket No. 54463.

United States Board of Tax Appeals

27 B.T.A. 282; 1932 BTA LEXIS 1091;

December 10, 1932, Promulgated

Real estate in Illinois acquired by petitioner and her husband in 1919 as joint tenants was later sold by petitioner as surviving widow. Held, that under the provisions of section 113(a) of the Revenue Act of 1928, the basis for the determination of gain or loss upon such sale is the amount of the cost of such property, since none of the exceptions, more particularly the…

2Cases cited1 opinion

  1. Carpenter v. CommissionerUnited States Board of Tax Appeals · 1932

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