Estate of Walker v. Commissioner
United States Tax Court
Decedent entered into an arrangement with a contractor in order to dispose of certain fill dirt and other materials from decedent's property and to have the property left in such condition that its grade and drainage would facilitate the productive use of the land in the future.
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Decedent entered into an arrangement with a contractor in order to dispose of certain fill dirt and other materials from decedent's property and to have the property left in such condition that its grade and drainage would facilitate the productive use of the land in the future. Under the governing instrument, the materials to be removed did not become the property of the contractor until they had been removed and until decedent had been paid for them at a specified rate per cubic yard of material removed. Held, in the circumstances of this case, the gain reflected in the payments made in…
1Opinion of the Court
The Commissioner determined the following deficiencies in the income tax of Marian H. Walker, up to the date of her death on October 3, 1966, and in the income tax of her estate for the period thereafter:
Year or taxable period Deficiency
1963_$4,482.56
1964_ 6,067.82
1965_11,816.43
1/1/66-10/3/66_ 8,398.64
10/3/66-12/31/66_ 3,857.62
The only question for decision is whether amounts received pursuant to certain agreements relating to the disposition of fill dirt and other materials should be taxed as ordinary income or as capital gain.
FINDINGS OE EAOT
The parties have stipulated certain facts, which,…
2Cases cited13 opinions
- Palmer v. BenderSupreme Court of the United States · 1932
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Crowell Land and Mineral Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- Arthur S. Barker and Alberta C. Barker v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Dann v. CommissionerUnited States Tax Court · 1958
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Marian H. Walker, Deceased v. Commissioner of Internal Revenue (Three Cases)Court of Appeals for the Third Circuit · 1972
- Ellis v. CommissionerUnited States Tax Court · 1971
- Estate of Walker v. CommissionerUnited States Tax Court · 1970
- F. & G. Sand & Gravel Co. v. CommissionerUnited States Tax Court · 1976
- Mills v. Comm'rUnited States Tax Court · 1991