Nitterhouse v. United States

GANEY, District Judge.

The action here involved was brought on September 13, 1950 to recover $3,617.93 alleged to have been erroneously paid by the-taxpayer as income tax for the year 1946. The issue posed is in which year should the taxpayer report income, representing a long-term capital gain, derived from the con-demnation of his land by the Federal gov-*340si-nment. The taxpayer insists it should' he in- 1943, the year in which the condemnation proceedings were brought. .The Commissioner of Internal Revenue claims it should be the year in which the taxpayer actually received the money for the…