Opinion · Court of Appeals for the Ninth Circuit

John M. Rogers and John M. Rogers, of the Estate of Gladys B. Rogers, Deceased v. Commissioner of Internal Revenue

John M. Rogers & John M. Rogers, of the Est. of Gladys B. Rogers, Deceased v. Comm’r of Internal Revenue, 377 F.2d 534 (9th Cir. 1967)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1967-04-27
Topic: general

How later courts describe this case

buyer of property exercised an option to buy the property from taxpayer just before option was to expire; taxpayer arranged to exchange property with another party upon expiration of the option -- section 1031 not applicable

Citator

UpLaw has not yet analyzed John M. Rogers and John M. Rogers, of the Estate of Gladys B. Rogers, Deceased v. Commissioner of Internal Revenue. The absence of a flag is not a finding that it is good law.

Authority status: pending
Cited by: 34 opinions
Distinguished: 1 times

ROGERS v. COMMISSIONER OF INTERNAL REVENUE,377 F.2d 534(9th Cir. 1967)

John M. ROGERS and John M. Rogers, Executor of the Estate of Gladys B.

Rogers, Deceased, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE,

Respondent.

No. 20621.

United States Court of Appeals, Ninth Circuit.

April 27, 1967.

Page 535

Edward J. Ruff, Michael L. Mellor, Graham G. Campbell, James R. Bridges, of Thelen, Marrin, Johnson Bridges, San Francisco, Cal., for petitioners.

Mitchell Rogovin, Asst. Atty. Gen., C. Moxley Featherstone, Lee A. Jackson, Melva M. Graney, Edward Lee Rogers, Attys., Tax Division, Department of Justice, Washington, D.C., for respondent.

Before JERTBERG and ELY, Circuit Judges, and FOLEY, Jr., District Judge.

PER CURIAM.

This is a petition for a review of the decision of the Tax Court (44 T.C. 126). This Court has jurisdiction (26 U.S.C. § 7482). The Tax Court held the Petitioners' transfer of a parcel of realty and the contemporaneous acquisition of another parcel of realty was not a tax-free exchange within the purview of §1031of the Internal Revenue Code of 1954 (26 U.S.C. § 1031).

The findings of the Tax Court are fully supported by the record. We have carefully considered Petitioners' specifications of error and arguments and find them without merit. We affirm the well-reasoned opinion of the Tax Court. Petitioners argue to this Court that in the event this Court affirms the Tax Court's holding that the transaction was not a tax-free exchange, § 1031 of the 1954 Code applies to a simultaneous sale and purchase where an exchange was intended by the parties and where the transaction had the net effect of an exchange. We need not reach this question, because the evidence does not support Petitioners' contention that both parties intended an exchange and that the transaction had the net effect of an exchange.Page 539