Fogle v. Commissioner
United States Tax Court
Petitioners' property was sold by judicial order and checks representing their share of the proceeds of the sale and rental were refused by them in belief that acceptance would prejudice their right to collaterally attack the sale. Held: Petitioners constructively received income when the checks were delivered to them. Held further: Petitioners are entitled to a depreciation deduction for the year in which their property was sold.
1Opinion of the Court
Nathan Fogle and Betty Ruth Fogle v. Commissioner.
Fogle v. Commissioner
Docket No. 2579-64.
United States Tax Court
T.C. Memo 1966-148; 1966 Tax Ct. Memo LEXIS 134; 25 T.C.M. (CCH) 785; T.C.M. (RIA) 66148;
June 27, 1966
Petitioners' property was sold by judicial order and checks representing their share of the proceeds of the sale and rental were refused by them in belief that acceptance would prejudice their right to collaterally attack the sale. Held: Petitioners constructively received income when the checks were delivered to them. Held further: Petitioners are entitled to a depreciation…
2Cases cited10 opinions
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Fribourg Navigation Co. v. CommissionerSupreme Court of the United States · 1966
- Griffith v. CommissionerUnited States Tax Court · 1961
- Kahler v. Comm'rUnited States Tax Court · 1952
- Hamilton National Bank of Chattanooga v. CommissionerUnited States Board of Tax Appeals · 1933
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fromson v. United StatesUnited States Court of Federal Claims · 1994