Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Bolker v. Commissioner

United States Court of Appeals for the Ninth Circuit
760 F.2d 1039 (1985)


Joseph Bolker (plaintiff) was the sole shareholder of Crosby Corporation (Crosby), which owned a property called Montebello. Bolker anticipated business circumstances that would make it desirable for him to take personal ownership of Montebello and develop the property. Bolker arranged for Crosby’s liquidation and transfer of Montebello to himself. Before Bolker actually liquidated Crosby or acquired Montebello, he encountered financing difficulties and decided to exchange Montebello for other property after the transfer. Bolker formed Parlex, a corporation, to assist with the property exchange. After Crosby transferred Montebello to Bolker’s ownership, Parlex contracted with a bank to exchange Montebello for the bank’s real estate. The property exchange took place three months later, and Bolker took title to the bank’s real estate. Under the nonrecognition provision of § 1031(a) of the federal tax code, Bolker did not report his gain from the property exchange as taxable income. However, the commissioner of internal revenue (commissioner) (defendant) determined that the property exchange was not eligible for nonrecognition, and issued notices of deficiency against Bolker. Bolker petitioned the tax court for a redetermination. The tax court ruled for Bolker. The commissioner appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law


Holding and Reasoning (Boochever, J.)

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 449,000 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 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial