Legal Opinion

The Evergreens v. Nunan

Court of Appeals for the Second Circuit

Decided April 3, 1944No. 127PublishedCited by 196 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

This case comes up upon a petition to review an order of the Tax Court, assessing deficiencies in income tax against the taxpayer for the years 1934 and 1935. The taxpayer is a cemetery company doing business in Brooklyn, in the course of which it sells burial lots. The question at issue is its “gains,” (§ 111(a) of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev. Code, § 111(a), upon the disposition of a part of its property during the two years in question; and that in turn depends upon the “basis” which it shall be permitted to deduct from the “amount realized”: that…

2Cases cited14 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
  3. Young v. BlackSupreme Court of the United States · 1813
  4. Wright v. GriffeyIllinois Supreme Court · 1893
  5. Doty v. . BrownNew York Court of Appeals · 1850

9 more not listed; retrieve them via the Exa API.

3Cited by196 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Yates v. United StatesSupreme Court of the United States · 1957
  4. People v. OlahNew York Court of Appeals · 1949
  5. Amos v. CommissionerUnited States Tax Court · 1964

191 more not listed; retrieve them via the Exa API.

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