COMMISSIONER OF INTERNAL REV. v. FORTEE PROPERTIES

No. 187, Docket 22791.

211 F.2d 915 (1954)

COMMISSIONER OF INTERNAL REVENUE v. FORTEE PROPERTIES, Inc.

United States Court of Appeals, Second Circuit.

Decided April 5, 1954.


Attorney(s) appearing for the Case

H. Brian Holland, Ellis N. Slack and S. Walter Shine, Washington, D. C., for petitioner.

Irwin D. Shapiro, New York City, for respondent.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

The question presented is whether a condemnation award to a mortgagee on a non-assumed mortgage is taxable as a gain to the owner of the properties under the provisions of § 112(f) of the Internal Revenue Code, 26 U.S.C.A. § 112(f). The Tax Court found that the taxpayer's "property was condemned and involuntarily converted into money in the amount of $44,096.67," and accordingly held that no gain to the taxpayer was to

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