Barbour v. Commissioner
United States Board of Tax Appeals
1. Increase, due to delay in payment, in award paid to petitioner under Michigan law in condemnation of property of which she retained possession until payment, held, taxable as capital gain and not as interest. Estate of Edgar S Appleby,41 B.T.A. 18, followed. 2. Depreciation on condemned property between determination of value and relinquishment of possession held not allowable.
1Opinion of the Court
EDITH HENRY BARBOUR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Barbour v. Commissioner
Docket No. 100714.
United States Board of Tax Appeals
44 B.T.A. 1117; 1941 BTA LEXIS 1230;
July 29, 1941, Promulgated
1. Increase, due to delay in payment, in award paid to petitioner under Michigan law in condemnation of property of which she retained possession until payment, held, taxable as capital gain and not as interest. Estate of Edgar S Appleby,41 B.T.A. 18, followed.
2. Depreciation on condemned property between determination of value and relinquishment of possession held not allowable.
2Cases cited2 opinions
- Appleby v. CommissionerUnited States Board of Tax Appeals · 1940
- Barbour v. CommissionerUnited States Board of Tax Appeals · 1941