HYDE PARK REALTY v. COMMISSIONER OF INTERNAL REVENUE

No. 114, Docket 22802.

211 F.2d 462 (1954)

HYDE PARK REALTY, Inc. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Second Circuit.

Decided March 29, 1954.


Attorney(s) appearing for the Case

Paul V. Wolfe, New York City, for petitioner.

Fred E. Youngman, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and S. Walter Shine, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before CLARK, MEDINA, and HARLAN, Circuit Judges.


CLARK, Circuit Judge.

This petition for review of a decision of the Tax Court of the United States concerns the taxability as income of prepaid rent of realty at the time of payment and of amounts of rent collected by a vendor of realty, but apportioned to the vendee on the closing of the sale.

The facts, as stipulated by the parties, disclosed the following: On January 10, 1947, one Bisgeier and one Cohen entered into a contract to purchase certain premises...

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