Legal Opinion

Estate of Morris v. Commissioner

United States Tax Court

Decided January 11, 1971No. Docket No. 5723-67Published

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H and W owned improved real estate used in a business operated by H. This property was condemned. H and W brought other improved real estate and made specific plans to erect new facilities to be used for similar purposes. Work was begun in accordance with these plans, but H died before the execution of a formal written construction contract. The replacement was subsequently effected by testamentary trustees under H's will in accordance with the plans and within the prescribed time limit of sec. 1033(a)(3)(B). Held, an election under sec. 1033(a)(3)(A) to defer recognition of the gain realized…

1Opinion of the Court

Estate of John E. Morris, Deceased, John M. Morris, Francis H. Morris and Eugene George Morris, Executors, and Margaret H. Morris, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Morris v. Commissioner

Docket No. 5723-67

United States Tax Court

55 T.C. 636; 1971 U.S. Tax Ct. LEXIS 198;

January 11, 1971, Filed

Decision will be entered for the petitioners.

Also in this document: Concurrence; Dissent.

2Cases cited17 opinions

Dixon v. United StatesSupreme Court of the United States · 1965
Hanover Bank v. CommissionerSupreme Court of the United States · 1962
Adolph K. Feinberg and Virginia B. Feinberg, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
Demirjian v. CommissionerUnited States Tax Court · 1970
Briggs v. WalkerSupreme Court of the United States · 1898

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