Legal Opinion

Herder v. Commissioner

United States Board of Tax Appeals

Decided November 24, 1937No. Docket Nos. 84000, 84001, 84051, 84052Published

1. Where funds derived from fire insurance on a rice mill, destroyed by fire, were received in March 1934 and were reinvested in another and similar rice mill in May 1935, and during the intervening period there was a continuing purpose accompanied by diligent efforts made in good faith to so reinvest such funds, no gain or loss will be recognized under section 112(f), Revenue Act of 1934, although the permission of the Commissioner was not obtained to establish a…

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1. Where funds derived from fire insurance on a rice mill, destroyed by fire, were received in March 1934 and were reinvested in another and similar rice mill in May 1935, and during the intervening period there was a continuing purpose accompanied by diligent efforts made in good faith to so reinvest such funds, no gain or loss will be recognized under section 112(f), Revenue Act of 1934, although the permission of the Commissioner was not obtained to establish a replacement fund. 2. Where interest was not paid and the obligors were insolvent and no reason existed for believing that it would…

1Opinion of the Court

ESTATE OF GEORGE HERDER, DECEASED, MARY HERDER, ALMA WILLIAMS, VIDA ALLEN, AND GEORGE HERDER, JR., EXECUTRICES AND EXECUTOR, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

MARY HERDER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

R. L. WILLIAMS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

ALMA WILLIAMS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Herder v. Commissioner

Docket Nos. 84000, 84001, 84051, 84052.

United States Board of Tax Appeals

36 B.T.A. 934; 1937 BTA LEXIS 635;

November 24, 1937, Promulgated

1. Where funds derived from…

2Cases cited10 opinions

  1. Great Northern Railway Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  2. Watson v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Buckhardt v. CommissionerUnited States Board of Tax Appeals · 1935
  4. Bliss v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Braun v. CommissionerUnited States Board of Tax Appeals · 1934

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