Legal Opinion

DeCleene v. Commissioner

United States Tax Court

Decided November 17, 2000No. 24459-97Published

P had operated his business on the M Street property since 1977. In 1992, P purchased the unimproved L Drive property as replacement property.

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P had operated his business on the M Street property since 1977. In 1992, P purchased the unimproved L Drive property as replacement property. In September 1993, P and WLC, who wished to acquire M Street, agreed that M Street and unimproved L Drive were of equal value, $ 142,400; P quitclaimed title to L Drive to WLC for a deferred cash consideration of $ 142,400, to be paid at a second closing; WLC agreed to build a building on L Drive to P's specifications and in December 1993 to reconvey L Drive to P, with the substantially completed building on it, in exchange for M Street. These…

1Opinion of the Court

DONALD DECLEENE AND DORIS DECLEENE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

DeCleene v. Commissioner

No. 24459-97

United States Tax Court

115 T.C. 457; 2000 U.S. Tax Ct. LEXIS 82; 115 T.C. No. 34;

November 17, 2000, Filed

Decision will be entered under Rule 155.

P had operated his business on the M Street property since

1977. In 1992, P purchased the unimproved L Drive property as

replacement property. In September 1993, P and WLC, who wished

to acquire M Street, agreed that M Street and unimproved L Drive

were of equal value, $ 142,400; P quitclaimed title to L Drive to

WLC for a…

2Cases cited32 opinions

  1. United States v. BoyleSupreme Court of the United States · 1985
  2. Neely v. CommissionerUnited States Tax Court · 1985
  3. New York v. MacLaySupreme Court of the United States · 1933
  4. T. J. Starker v. United StatesCourt of Appeals for the Ninth Circuit · 1979
  5. McWilliams v. CommissionerSupreme Court of the United States · 1947

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