Legal Opinion

Allan v. Commissioner

Court of Appeals for the Eighth Circuit

Decided September 16, 1988No. 86-2268PublishedCited by 7 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

In this case, we review that part of a decision of the United States Tax Court1 holding that the entire amount of a nonre-course obligation, including the original mortgage principal and advances made by the mortgagee for interest payments, was properly included in the “amount realized” upon the transfer of the property. For the following reasons, we affirm.

I. BACKGROUND

Appellees were partners in Stevens House Co. (Partnership), a Minnesota limited partnership. On November 1, 1971, the Partnership agreed to purchase a 72-unit apartment building and related personal…

2Cases cited6 opinions

  1. Crane v. CommissionerSupreme Court of the United States · 1947
  2. Commissioner v. TuftsSupreme Court of the United States · 1983
  3. Freeland v. CommissionerUnited States Tax Court · 1980
  4. Millar v. CommissionerUnited States Tax Court · 1977
  5. Barry L. Battelstein and Jerry E. Battelstein v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wirth v. CommonwealthSupreme Court of Pennsylvania · 2014
  2. 2925 Briarpark, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1999
  3. James A. Allan v. Commissioner Of Internal RevenueCourt of Appeals for the Eighth Circuit · 1988
  4. Charles H. & Lessie B. Davison v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1998
  5. Lisa Milkovich v. United StatesCourt of Appeals for the Ninth Circuit · 2022

2 more not listed; retrieve them via the Exa API.

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