Legal Opinion

Fair v. Commissioner

United States Tax Court

Decided February 27, 1957No. Docket Nos. 49033, 49034PublishedCited by 19 opinions

Petitioners, the owners of a commercial lot with a 2-story building thereon located in Tyler, Texas, conveyed, without consideration, to the Foundation, a charitable corporation, the perpetual right to build, own, and maintain 5 additional stories on the existing 2-story building, plus the rights of access and support.

Read the full summary

Petitioners, the owners of a commercial lot with a 2-story building thereon located in Tyler, Texas, conveyed, without consideration, to the Foundation, a charitable corporation, the perpetual right to build, own, and maintain 5 additional stories on the existing 2-story building, plus the rights of access and support. In the event of destruction of the 2-story building the petitioners did not obligate themselves to rebuild it, but if they did elect to rebuild, the Foundation would also have the right to rebuild. The petitioners claimed a charitable contribution of $ 70,000 for the rights and…

1Opinion of the Court

OPINION.

Black, Judge:

The petitioners, the owners of a commercial lot with a 2-story building thereon, conveyed, without consideration, to the Foundation, a charitable corporation, the perpetual right to build, own, and maintain 5 additional stories on the existing 2-story building, plus the right to the exclusive use of a portion of the existing 2-story building to be used as an entrance, lobby, stairway, and elevator shafts. The petitioners agreed to do nothing to weaken the support of the upper 5 stories. In the event of destruction of the 2-story building, the petitioners did not obligate…

2Cases cited6 opinions

  1. Nashville, Chattanooga & St. Louis Railway Co. v. WallaceSupreme Court of the United States · 1933
  2. Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
  3. Piper v. EkernWisconsin Supreme Court · 1923
  4. Cleveland v. City of DetroitMichigan Supreme Court · 1948
  5. Pearson v. MathesonSupreme Court of South Carolina · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. John Herbert Orr and Elizabeth G. Orr v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  2. The Citizens Bank of Weston v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
  3. Thriftimart, Inc. v. CommissionerUnited States Tax Court · 1973
  4. Passailaigue v. United StatesDistrict Court, M.D. Georgia · 1963
  5. Burroughs Corp. v. CommissionerUnited States Tax Court · 1959

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API