Legal Opinion

Place Realty Corp. v. Commissioner

United States Tax Court

Decided June 15, 1962No. Docket No. 86507UnpublishedCited by 1 opinion

Held, gain realized from the condemnation of property was gain realized from "the sale or exchange" of property within the meaning of section 337(a), Internal Revenue Code of 1954. Held, further, the sale or exchange was complete when, under local law the condemner was vested with title and the right to immediate possession and since this occurred prior to petitioner's adoption of a plan of complete liquidation, the above statute did not operate to exclude said gain from…

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Held, gain realized from the condemnation of property was gain realized from "the sale or exchange" of property within the meaning of section 337(a), Internal Revenue Code of 1954. Held, further, the sale or exchange was complete when, under local law the condemner was vested with title and the right to immediate possession and since this occurred prior to petitioner's adoption of a plan of complete liquidation, the above statute did not operate to exclude said gain from petitioner's gross income.

1Opinion of the Court

Place Realty Corporation v. Commissioner.

Place Realty Corp. v. Commissioner

Docket No. 86507.

United States Tax Court

T.C. Memo 1962-144; 1962 Tax Ct. Memo LEXIS 164; 21 T.C.M. (CCH) 754; T.C.M. (RIA) 62144;

June 15, 1962

Held, gain realized from the condemnation of property was gain realized from "the sale or exchange" of property within the meaning of section 337(a), Internal Revenue Code of 1954. Held, further, the sale or exchange was complete when, under local law the condemner was vested with title and the right to immediate possession and since this occurred prior to petitioner's adoption…

2Cases cited5 opinions

  1. Hawaiian Gas Products v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1942
  2. Matter of City of SyracuseNew York Court of Appeals · 1918
  3. Hawaiian Gas Products, Ltd. v. CommissionerUnited States Board of Tax Appeals · 1941
  4. Irving Trust Co. v. HughesAppellate Division of the Supreme Court of the State of New York · 1933
  5. Ham v. StateNew York Court of Claims · 1957

3Cited by1 opinion

  1. United States Court of Appeals Second CircuitCourt of Appeals for the Second Circuit · 1964

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