Legal Opinion

Regals Realty Co. v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided May 8, 1942No. 163PublishedCited by 23 opinions

1Opinion of the Court

FRANK, Circuit Judge.

This case raises the issue of whether certain Miami real estate, received upon an exchange, was “to be held * * * for investment,” so as to be within the tax-free exchange provisions of the Revenue Act of 1936. The Board of Tax Appeals •held that the exchange was taxable because the evidence “demonstrates affirmatively” that the property acquired was not “to be held” for investment. Its opinion is reported at 43 B.T.A. 194, 209.

The taxpayer was organized in 1933 by Leonard Marx, a successful real estate speculator, and two associates, to acquire, from a trustee in…

2Cases cited3 opinions

  1. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  2. Blackmer v. CommissionerCourt of Appeals for the Second Circuit · 1934
  3. Midwood Associates, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940

3Cited by23 opinions

  1. Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  2. Norman J. And Beverly G. Magneson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  3. Bolker v. CommissionerUnited States Tax Court · 1983
  4. Click v. CommissionerUnited States Tax Court · 1982
  5. Magneson v. CommissionerUnited States Tax Court · 1983

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