Legal Opinion

Anderson v. United States

District Court, D. Minnesota

Decided March 30, 1979No. Civ. 1-76-423PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This case presents the troublesome issue of whether income to the grantee from the “release” of a “thirty (30) day right of refusal” to the original grantor should be treated for tax purposes as ordinary income or as capital gain. The plaintiff taxpayers in this action are Donald C. Anderson and Gernhild Anderson. Since Gernhild Anderson was not specifically involved in any of the transactions giving rise to this litigation, and is involved in this proceeding only because of signing a joint return, any reference in this order to the taxpayer…

2Cases cited29 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. Commissioner v. BrownSupreme Court of the United States · 1965
  4. Cederstrand v. Lutheran BrotherhoodSupreme Court of Minnesota · 1962
  5. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962

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

3Cited by9 opinions

  1. Ernest J. Saviano and Margaret Saviano v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
  2. Anthony Theophilos Patricia A. Theophilos v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1996
  3. Old Harbor Native Corp. v. CommissionerUnited States Tax Court · 1995
  4. Honeywell, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1992
  5. Lockheed Martin Corp. v. United StatesUnited States Court of Federal Claims · 1997

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

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