Haywood v. Gill

BUTZNER, District Judge.

The sole question presented by this appeal is the determination of the date of acquisition of real estate for the purpose of computing capital gains resulting from its sale. The taxpayer’s1 father, Atlas M. Rigsbee, died testate in 1903. He devised the real estate to Sallie A. Rigs-bee, for life with remainder in fee, on failure of issue, to the taxpayer and other surviving children.

The District Court decided that the taxpayer acquired the property in 1903 when the testator died. The taxpayer urges that the date of acquisition was 1945 when the life tenant died.

At the…