# Daugherty v. Commissioner

> United States Tax Court · April 15, 1982 · 78 T.C. 623

URL: https://www.frixlaw.com/law-library/cases/4484648

## Case

- **Full name:** William B. Daugherty and Charlotte G. Daugherty v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** April 15, 1982
- **Citations:** 78 T.C. 623; 78 T.C. No. 43; 1982 U.S. Tax Ct. LEXIS 110
- **Precedential status:** Published
- **Opinion:** Concurrence by Fay
- **Judges:** Dawson,Fay,Goffe,Goffe,Fay
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4484648

## How later opinions describe it (automated extraction)

- holding that, when a taxpayer receives a condemnation notice, his intent in holding the condemned property automatically changes and that his intent in holding the property prior to the receipt of the notice is determinative for purposes of tax characterization of the property

## Opinion text

Fay, J., concurring: I agree with Judge Goffe that the instant case does not reach the question of the characterization of proceeds of an after-notice sale to a party other than the condemner. Additionally, I believe the opening extends to a myriad of unforeseeable events which might occur after condemnation notice, such as the discovery of oil or rich hard mineral deposits. It is quite possible that, irrespective of condemnation notice, a taxpayer’s intended use of property may change.
Goffe, J, agrees with this concurring opinion. Goffe, J, concurring: I fully agree with the holding of the majority and with what the majority opinion says. I feel it should be pointed out, however, what, in my view, the opinion of the majority does not say and does not hold. We make no holding nor implication as to the effect, if any, upon the purpose for which property is held if a threat of condemnation is made and the owner of the property sells the property to a third party before receiving the proceeds of the condemnation.
Fay, J, agrees with this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4484648. Public record. Not legal advice.