Nielsen v. Commissioner
United States Tax Court
P's residential property was condemned by the State of South Dakota for purposes of a federally aided highway construction project. In settlement of the ensuing condemnation proceedings, P received $ 65,000. Subsequently, P and the State became involved in negotiations and litigation regarding P's entitlement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub.
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P's residential property was condemned by the State of South Dakota for purposes of a federally aided highway construction project. In settlement of the ensuing condemnation proceedings, P received $ 65,000. Subsequently, P and the State became involved in negotiations and litigation regarding P's entitlement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (Relocation Act), to additional sums enabling her to purchase a comparable replacement dwelling. This suit was settled for $ 100,000. P, relying on a provision of the…
1Opinion of the Court
OPINION
NlMS, Judge:
Respondent determined a Federal income tax deficiency for petitioner’s 1992 taxable year in the amount of $7,022. The sole issue for decision is whether proceeds received by petitioner from the condemnation of her residence are subject to taxation as capital gain to the extent that they exceeded her basis in the property.
Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. .
This case was submitted fully stipulated pursuant…
2Cases cited7 opinions
- Kirby Forest Industries, Inc. v. United StatesSupreme Court of the United States · 1984
- Rapid City v. BaronSouth Dakota Supreme Court · 1975
- City of Mountain View v. Superior CourtCalifornia Court of Appeal · 1975
- Tonnar v. Missouri State Highway & Transportation CommissionMissouri Court of Appeals · 1982
- City of Los Angeles v. DeckerCalifornia Court of Appeal · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Karen Y. Nielsen v. CommissionerUnited States Tax Court · 2000
- Nielsen v. CommissionerUnited States Tax Court · 2000