Legal Opinion

Estate of Nail v. Commissioner

United States Tax Court

Decided October 26, 1972No. Docket No. 1459-70Published

The decedent owned the surface estate in 20,480 acres of land in West Texas. Held: (1) Under the circumstances of this case, the petitioner cannot subpoena a file of the respondent which contains information concerning an agreement between the respondent and an unrelated taxpayer as to the valuation of property adjacent to the subject property; and (2) the value of the surface estate is $ 40 per acre.

1Opinion of the Court

Estate of Chloe A. Nail, Deceased, J. H. Nail, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Nail v. Commissioner

Docket No. 1459-70

United States Tax Court

59 T.C. 187; 1972 U.S. Tax Ct. LEXIS 33;

October 26, 1972, Filed

Decision will be entered under Rule 50.

The decedent owned the surface estate in 20,480 acres of land in West Texas. Held: (1) Under the circumstances of this case, the petitioner cannot subpoena a file of the respondent which contains information concerning an agreement between the respondent and an unrelated taxpayer as to the valuation of…

2Cases cited7 opinions

  1. Blair v. Oesterlein MacHine Co.Supreme Court of the United States · 1927
  2. International Business MacHines Corporation v. The United StatesUnited States Court of Claims · 1965
  3. Estate of Cora R. Fitts, Deceased, J. Russel Fitts and Frank E. Tyler, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
  4. Boeing Airplane Co. v. CoggeshallCourt of Appeals for the D.C. Circuit · 1960
  5. Harriet T. Righter, of the Estate of Jessie H. Righter v. The United StatesUnited States Court of Claims · 1971

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