Legal Opinion

Borrelli v. Commissioner

United States Tax Court

Decided August 17, 1972No. Docket No. 7269-70Unpublished

Contemporaneous agreements executed on November 2, 1959, by petitioners and corporation construed to be not a legal conveyance of the property involved, but rather an executory contract for a conveyance to be made upon performance of specified conditions. Held, the sale of the property involved was consummated on March 30, 1960, and profit therefrom derived is subject to long-term capital gain treatment under sec. 1222(3), I.R.C. 1954.

1Opinion of the Court

Donald Borrelli and Mary Borrelli v. Commissioner.

Borrelli v. Commissioner

Docket No. 7269-70.

United States Tax Court

T.C. Memo 1972-178; 1972 Tax Ct. Memo LEXIS 79; 31 T.C.M. (CCH) 876; T.C.M. (RIA) 72178;

August 17, 1972, Filed. Tried in Chicago, Ill.

Contemporaneous agreements executed on November 2, 1959, by petitioners and corporation construed to be not a legal conveyance of the property involved, but rather an executory contract for a conveyance to be made upon performance of specified conditions. Held, the sale of the property involved was consummated on March 30, 1960, and profit…

2Cases cited31 opinions

  1. Poe v. SeabornSupreme Court of the United States · 1930
  2. Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
  3. Heryford v. DavisSupreme Court of the United States · 1880
  4. McFeely v. CommissionerSupreme Court of the United States · 1935
  5. Rosewood Corp. v. FisherIllinois Supreme Court · 1970

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