Legal Opinion

CASHION, INC. v. COMMISSIONER

United States Tax Court

Decided November 22, 1978No. Docket Nos. 8536-76, 8537-76Unpublished

In 1968, A and B transferred certain developed properties to X corporation in exchange for certain mountain properties. However, neither party realized that the deed from X to A and B mistakenly omitted 82.2 acres. In 1970, A and B conveyed an undivided two-thirds interest in the entire mountain properties to C and D. In 1973, A, B, C, and D sold such mountain properties to M, who subsequently discovered that X still held record title to the omitted 82.2 acres.

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In 1968, A and B transferred certain developed properties to X corporation in exchange for certain mountain properties. However, neither party realized that the deed from X to A and B mistakenly omitted 82.2 acres. In 1970, A and B conveyed an undivided two-thirds interest in the entire mountain properties to C and D. In 1973, A, B, C, and D sold such mountain properties to M, who subsequently discovered that X still held record title to the omitted 82.2 acres. At M's request, X deeded the 82.2 acres to A and B. Held, under the facts of this case, A and B, and not X, owned the 82.2 acres when…

1Opinion of the Court

CASHION, INC., FORMERLY CASHION OIL COMPANY, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent; PAUL L. CASHION and MARY E. CASHION, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

CASHION, INC. v. COMMISSIONER

Docket Nos. 8536-76, 8537-76.

United States Tax Court

T.C. Memo 1978-466; 1978 Tax Ct. Memo LEXIS 49; 37 T.C.M. (CCH) 1847-96;

November 22, 1978, Filed

In 1968, A and B transferred certain developed properties to X corporation in exchange for certain mountain properties. However, neither party realized that the deed from X to A and B mistakenly omitted 82.2 acres.…

2Cases cited7 opinions

  1. Baird v. CommissionerUnited States Tax Court · 1977
  2. Commissioner of Internal Revenue v. SegallCourt of Appeals for the Sixth Circuit · 1940
  3. Deyoe v. CommissionerUnited States Tax Court · 1976
  4. Margaret v. Dettmers, Estate of Herrick L. Johnston, Deceased, and Margaret v. Dettmers, Individually v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1970
  5. Estate of Johnston v. CommissionerUnited States Tax Court · 1968

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