HARRY G. MASSER V. COMMISSIONER 30 T.C. 741 (1958) CASE BRIEF

HARRY G. MASSER V. COMMISSIONER
30 T.C. 741 (1958)
NATURE OF THE CASE: This was a dispute over the status of two properties used as one economic unit. Masser (P) challenged the IRS's determination of deficiency claiming that they did not recognize any gain on the disposition of a certain real property that was used in their trucking business.
FACTS: P operated an interstate trucking business. P bought at the same time two pieces of property across the street from each other. One was used for operations and the other was used for parking. The two pieces were used as an economic unit. It is conceded, in this case, that the parking area was involuntarily converted by P as a result of a threat of imminence of condemnation. If P had retained the improved property, the closest area away for parking would have been 1.5 miles making operations physically and economically impracticable. Because of this dilemma, P sold the other lot to use the proceeds of both lots to buy suitable property in the same general area. P claimed that both lots were involuntarily converted. The IRS disagreed.

ISSUE:


RULE OF LAW:


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LEGAL ANALYSIS:





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