HARDEN v. VERMONT DEPARTMENT OF TAXES

No. 137-75.

352 A.2d 685 (1976)

John C. HARDEN and Margaret D. Harden v. VERMONT DEPARTMENT OF TAXES.

Supreme Court of Vermont.

February 3, 1976.


Attorney(s) appearing for the Case

William P. Neylon of Swainbank, Gensburg & Morrissette, St. Johnsbury, for plaintiffs.

M. Jerome Diamond, Atty. Gen., and Richard Johnston King and Georgiana O. Miranda, Asst. Attys. Gen., Montpelier, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.


BILLINGS, Justice.

At issue in this cause is whether a grant of an option for the purchase of land, as distinguished from a transfer of an option or the exercise thereof, is subject to the tax on gains for the sale or exchange of land. 32 V.S.A. § 10001 et seq. The Commissioner of Taxes determined that the taxable event was the exercise or the transfer of the option, and not the grant. The Washington Superior Court reversed the determination of the Commissioner...

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