Logourl black
From our private database of 14,100+ case briefs...

Biggs v. Commissioner of Internal Revenue

United States Court of Appeals for the Fifth Circuit
632 F.2d 1171 (1980)


Facts

Franklin Biggs (plaintiff) owned property in Maryland. In 1968, Biggs met with Shepard Powell to discuss the possibility of selling the property and finding a new, suitable property to purchase in a like-kind exchange. After Biggs found a suitable property in Virginia, he arranged to have title transferred to Shore Title Company, Inc. (Shore), with Shore agreeing to then sell the property to Biggs. Powell and Biggs also signed a contract agreeing that Biggs would sell the Maryland property to Powell, and Powell would purchase the Virginia property from Shore and then transfer it to Biggs. Shore ultimately transferred title in the Virginia property to Biggs, and Powell acquired Biggs’s Maryland property. Although Powell never actually held title to the Virginia property, Biggs claimed the sale of the Maryland and Virginia properties as a like-kind exchange on Biggs’s 1969 federal tax return. The United States Internal Revenue Service (IRS) (defendant) found that there was no like-kind property exchange and issued a notice of deficiency. Biggs appealed the notice to the tax court, which reversed the IRS and ruled in favor of Biggs. The IRS appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Henderson, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.