Asjes v. Commissioner
United States Tax Court
Held: Trees and shrubs growing in a nursery are part of the land and are not to be classified as a nonproperty interest on condemnation to permit an allocation of the lump-sum award. Petitioners' condemned property was replaced with property of a like kind, and gain is therefore not recognized.
1Opinion of the Court
Evert Asjes, Jr., Kathryn Asjes, Evert Asjes III, Anne Asjes, Hugh D. Asjes, and Judith M. Asjes, Petitioners v. Commissioner of Internal Revenue, Respondent
Asjes v. Commissioner
Docket No. 8561-77
United States Tax Court
74 T.C. 1005; 1980 U.S. Tax Ct. LEXIS 83;
August 7, 1980, Filed
Decision will be entered under Rule 155.
Held: Trees and shrubs growing in a nursery are part of the land and are not to be classified as a nonproperty interest on condemnation to permit an allocation of the lump-sum award. Petitioners' condemned property was replaced with property of a like kind, and gain is…
2Cases cited15 opinions
- Koch v. CommissionerUnited States Tax Court · 1978
- Stokes v. CommissionerUnited States Tax Court · 1954
- Loco Realty Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Lapham v. United StatesCourt of Appeals for the Second Circuit · 1950
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