¶1dissent on the authority of Helvering v. William Flaccus Oak Leather Co., 313 U. S. 247.
44 B.T.A. 279
Kieselbach v. Commissioner
United States Board of Tax Appeals
Decided April 24, 1941
United States Board of Tax Appeals · decided 1941-04-24
1. SALE OR EXCHANGE. - The taking of property by condemnation and the payment of just compensation is a sale or exchange within the meaning of section 117(a) of the Revenue Act of 1936 and the profit… Held: that, since under the laws of New York title to the property did not pass from the taxpayer until May 12, 1937, the period of holding for the purpose of section 117(a) continued until that date.
Relies on Helvering v. William Flaccus Oak Leather Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1941-04-24
How this case has been cited
Cited by 6 later decisions (1 by the Supreme Court) — most recently March 1972
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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