LIANT RECORD, INC. v. C. I. R.

Nos. 169, 392-394, Dockets 27192-27195.

303 F.2d 326 (1962)

LIANT RECORD, INC., William I. Alpert and Paula G. Alpert, Abraham Alpert and Sarah Alpert, Jack L. Alpert, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 21, 1962.


Attorney(s) appearing for the Case

Bernard J. Long, Washington, D. C. (Richard P. Milloy, Dow, Lohnes & Albertson, Washington, D. C., Harry J. Winick, A. J. Schiffer, Winick & Schiffer, New York City, on the brief), for petitioners.

Harold C. Wilkenfeld, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, and Arthur E. Strout, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.


LUMBARD, Chief Judge.

The sole question presented is whether the proceeds from the condemnation of an office building were reinvested in property which was "similar or related in service or use" within the meaning of § 1033 of the Internal Revenue Code of 19541 when the taxpayers purchased three apartment buildings. The Tax Court held that they were not, since the tenants of the office building used the property for a different purpose...

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