Aldridge v. Commissioner
United States Tax Court
Property of petitioners was condemned in 1963 and the condemnor deposited the amount of the initial award, as determined by a Kentucky county court, with the clerk of the court. Petitioners appealed the award amount and did not obtain the deposit until the litigation was settled in 1965, at which time payment to them was made.
Read the full summary
Property of petitioners was condemned in 1963 and the condemnor deposited the amount of the initial award, as determined by a Kentucky county court, with the clerk of the court. Petitioners appealed the award amount and did not obtain the deposit until the litigation was settled in 1965, at which time payment to them was made. Kentucky law specified that withdrawal of the deposit would not prejudice petitioners' appeal but that they would be required to pay interest to the condemnor on any amount withdrawn in excess of the amount finally determined on appeal. Held, petitioners constructively…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency of $1,879.86 in petitioners’ income taxes for the taxable year ending December 81,1963. In light of certain concessions by petitioners, the only remaining issue is whether petitioners constructively received $13,600 in 1963.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly.
Petitioners, husband and wife, had their legal residence in Nicholas-ville, Ky., at the time they filed the petition herein. They filed a joint income tax return on the cash basis for the calendar year 1963 with the district director of…
2Cases cited28 opinions
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Irving A. Adler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
- Patrick McGuirl, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1935
- Adolph K. Feinberg and Virginia B. Feinberg, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
- Nitterhouse v. United StatesCourt of Appeals for the Third Circuit · 1953
23 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Zimmerman v. CommissionerUnited States Tax Court · 1978
- Casalina Corp. v. CommissionerUnited States Tax Court · 1973
- Eisenberg v. CommissionerUnited States Tax Court · 1982
- Kent Homes, Inc. v. CommissionerUnited States Tax Court · 1971
- Ft. Hamilton Manors, Inc. v. CommissionerUnited States Tax Court · 1969
15 more not listed; retrieve them via the Exa API.