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Income Tax Keyed to Lind
Crane v. Commissioner
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Petitioner was the sole beneficiary of her husband’s will. He owned an apartment building and lot subject to a mortgage. It was valued at $255,000. Petitioner entered into an agreement with the mortgagee where she continued to operate the property and remit the net rentals to the mortgagee. This continued for seven years, and Petitioner reported the gross rentals as income and claimed deductions for operating expenses paid on the property, for interest paid, and for the physical exhaustion of the building. With the mortgagee threatening foreclosure, Petitioner sold to a third party for $3000 cash, subject to the mortgage and paid $500 in sale expenses. She reported a taxable gain of $1,250. Petitioner believed the property acquired was equity. The equity had a zero value basis and no depreciation could be taken on it. The Commissioner of Internal Revenue determined that Petitioner realized a net taxable gain of $23,767.03. His theory was that the property was not eq uity but was the physical property. The Tax Court held for Petitioner but the Court of Appeals reversed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.