Legal Opinion

Estate of Markham v. Commissioner

United States Tax Court

Decided June 9, 1943No. Docket No. 108332Unpublished

1. The amount of income derived by petitioner from forfeiture of a lease by its lessee and recovery of possession of a building erected on the premises by the lessee determined upon the record. 2. An amount recovered from a lessee to reimburse petitioner-lessor for the payment in the lessee's behalf, upon the latter's default in payment, of special assessments, held not to constitute taxable income to petitioner. 3. An estate held entitled to deduct expenses of upkeep and…

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1. The amount of income derived by petitioner from forfeiture of a lease by its lessee and recovery of possession of a building erected on the premises by the lessee determined upon the record. 2. An amount recovered from a lessee to reimburse petitioner-lessor for the payment in the lessee's behalf, upon the latter's default in payment, of special assessments, held not to constitute taxable income to petitioner. 3. An estate held entitled to deduct expenses of upkeep and depreciation of a residence which the estate was required to hold pending a will contest, notwithstanding attempts to rent…

1Opinion of the Court

Estate of William F. Markham, Deceased, Ben H. Brown, Administrator v. Commissioner.

Estate of Markham v. Commissioner

Docket No. 108332.

United States Tax Court

1943 Tax Ct. Memo LEXIS 259; 2 T.C.M. (CCH) 244; T.C.M. (RIA) 43281;

June 9, 1943

1. The amount of income derived by petitioner from forfeiture of a lease by its lessee and recovery of possession of a building erected on the premises by the lessee determined upon the record.

2. An amount recovered from a lessee to reimburse petitioner-lessor for the payment in the lessee's behalf, upon the latter's default in payment, of special…

2Cases cited8 opinions

  1. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  2. Helvering v. BruunSupreme Court of the United States · 1940
  3. Heiner v. TindleSupreme Court of the United States · 1928
  4. Duffy v. Central R. Co. of NJSupreme Court of the United States · 1925
  5. Fulmer v. Pacific Southwest Trust & Savings BankCalifornia Supreme Court · 1928

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