Legal Opinion

Reisner v. Commissioner

United States Tax Court

Decided September 27, 1960No. Docket No. 74814Published

1. Petitioner and his brother owned an apartment building in Berlin, Germany, in which they had inherited their interests in 1916 and 1926. In 1937, they sold the building under duress of Nazi discriminatory measures. In 1952, they recovered the building under procedures established by the Allied Powers for restitution of identifiable property to victims of Nazi oppression.

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1. Petitioner and his brother owned an apartment building in Berlin, Germany, in which they had inherited their interests in 1916 and 1926. In 1937, they sold the building under duress of Nazi discriminatory measures. In 1952, they recovered the building under procedures established by the Allied Powers for restitution of identifiable property to victims of Nazi oppression. Held, the basis of the property for computing depreciation is not the fair market value of the building upon recovery within the provisions of sections 1336, I.R.C. 1954, and 127, I.R.C. 1939, but is the adjusted fair…

1Opinion of the Court

Wm. E. Reisner and Carol E. Reisner, Petitioners, v. Commissioner of Internal Revenue, Respondent

Reisner v. Commissioner

Docket No. 74814

United States Tax Court

34 T.C. 1122; 1960 U.S. Tax Ct. LEXIS 64;

September 27, 1960, Filed

Decision will be entered under Rule 50.

1. Petitioner and his brother owned an apartment building in Berlin, Germany, in which they had inherited their interests in 1916 and 1926. In 1937, they sold the building under duress of Nazi discriminatory measures. In 1952, they recovered the building under procedures established by the Allied Powers for restitution of…

2Cases cited9 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
  3. Illinois Merchants Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1926
  4. Silverman v. CommissionerUnited States Tax Court · 1957
  5. Abraham v. CommissionerUnited States Tax Court · 1947

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