Railey v. Commissioner
United States Board of Tax Appeals
The petitioner and his wife executed a warranty deed conveying certain properties to a corporate entity, which was organized and incorporated under the laws of the State of Florida for the specific purpose of receiving such properties. He caused the deed to be recorded. The act of recordation, without more, is prima facie evidence of delivery of the deed and of its acceptance by the grantee under the laws of the State of Florida.
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The petitioner and his wife executed a warranty deed conveying certain properties to a corporate entity, which was organized and incorporated under the laws of the State of Florida for the specific purpose of receiving such properties. He caused the deed to be recorded. The act of recordation, without more, is prima facie evidence of delivery of the deed and of its acceptance by the grantee under the laws of the State of Florida. Held, having failed to overcome the presumption of delivery and acceptance by proof to the contrary, the respondent's denial to this petitioner of certain statutory…
1Opinion of the Court
*546OPINION.
Morris :
It is contended by the petitioner, on the one hand, that he was the legal and equitable owner of the properties conveyed, or purported to have been conveyed, to Alra, Inc., by his warranty deed of April '27, 1932, and that, therefore, notwithstanding the bare record ownership was in Alra, Inc., he was, nevertheless, entitled to deduct taxes, insurance, repairs, and depreciation on those properties. The respondent contends, on the other hand, that these properties were not owned by the petitioner but by Alra, Inc., and that, therefore, it, and not he, should report the income…
2Cases cited12 opinions
- Burnet v. ClarkSupreme Court of the United States · 1932
- Burnet v. Commonwealth Improvement Co.Supreme Court of the United States · 1932
- Dalton v. BowersSupreme Court of the United States · 1932
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hunter v. CommissionerUnited States Tax Court · 1966
- Bone v. CommissionerUnited States Tax Court · 1969
- Evans v. CommissionerUnited States Tax Court · 1974
- Hooper v. CommissionerUnited States Tax Court · 1974
- Bone v. CommissionerUnited States Tax Court · 1969
5 more not listed; retrieve them via the Exa API.