Legal Opinion

Braunwarth v. Commissioner

United States Board of Tax Appeals

Decided March 31, 1931No. Docket No. 26636Published

1. Where, upon the sale of a business, title passed to the vendee and part of the purchase price was paid in cash and the remainder in Liberty bonds which were placed in escrow to be delivered to vendor in installments over a period of years upon the filing by him each year of an affidavit that he had not competed in business, held, although the transaction was closed in the year of sale, the right to the deferred payments was not the equivalent of cash and the installment…

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1. Where, upon the sale of a business, title passed to the vendee and part of the purchase price was paid in cash and the remainder in Liberty bonds which were placed in escrow to be delivered to vendor in installments over a period of years upon the filing by him each year of an affidavit that he had not competed in business, held, although the transaction was closed in the year of sale, the right to the deferred payments was not the equivalent of cash and the installment payments were not income to the petitioner, the vendor, until received. 2. Held, further, that where petitioner failed to…

1Opinion of the Court

OTTO BRAUNWARTH, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Braunwarth v. Commissioner

Docket No. 26636.

United States Board of Tax Appeals

22 B.T.A. 1008; 1931 BTA LEXIS 2032;

March 31, 1931, Promulgated

1. Where, upon the sale of a business, title passed to the vendee and part of the purchase price was paid in cash and the remainder in Liberty bonds which were placed in escrow to be delivered to vendor in installments over a period of years upon the filing by him each year of an affidavit that he had not competed in business, held, although the transaction was closed in the year…

2Cases cited1 opinion

  1. Braunwarth v. CommissionerUnited States Board of Tax Appeals · 1931

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