DocketNumber: Docket No. 109823.
Citation Numbers: 1 T.C.M. 498, 1943 Tax Ct. Memo LEXIS 485
Filed Date: 1/28/1943
Status: Non-Precedential
Modified Date: 11/20/2020
Memorandum Opinion
DISNEY, Judge: This proceeding involves income taxes for 1939. The Commissioner determined a deficiency in the amount of $1,820.34. All facts were stipulated and we adopt the stipulation by reference, and find the facts therein set forth. Two questions are presented: (1) as to what was the period of holding, within the purview of section 117, Revenue Act of 1938, of real estate condemned and taken by a municipal corporation; and (2) whether interest received upon the amount of the condemnation award is taxable as ordinary income. The only material facts may be simply stated as follows:
On March 23, 1923, petitioner Jennie G. D. Harrison acquired an interest in real estate and the property was taken over by the City of New York on March 28, 1924, under condemnation proceedings. In 1939 the petitioner received $2,333.33 for her one-third interest in $7,000, the principal amount of the condemnation money, and $2,068.18 as one-third of $6,204.53, interest paid upon the $7,000, pursuant to final decree in the condemnation proceedings*486 under date of September 16, 1938.
Both petitioners and respondent, in memorandum briefs filed, rely upon the decision in , and contend that the facts therein are parallel to those here involved. Inasmuch as the Supreme Court of the United States, upon January 4, 1943, in , held that the amount received in a condemnation proceeding above the principal amount of the award was taxable as ordinary income, and inasmuch as in that matter no review was sought of the holding of the Circuit Court of Appeals for the Third Circuit in
We therefore hold that no error was committed in the assertion of the deficiency.