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Full-Text Articles in Law
Taxation - Income Tax - Interest On Condemnation Award As Capital Gain, John L. Rubsam
Taxation - Income Tax - Interest On Condemnation Award As Capital Gain, John L. Rubsam
Michigan Law Review
Petitioner's land was condemned by the city of New York and as compensation he was awarded a certain sum representing the value of the land and, in addition, a sum classified as "interest" to indemnify the petitioner for delay in payment of the award. The award so classified as "interest" was taxed as "ordinary income" by the commissioner of internal revenue. It was petitioner's contention that such sum denominated as "interest" should have been classed as a "capital gain" and not as "ordinary income." From an order of the board of tax appeals holding this sum "ordinary income," petitioner appealed. …
Municipal Corporations - Police Power - Control Of Streets - Power Of City To Grant Exclusive Garbage Disposal Privilege, Michigan Law Review
Municipal Corporations - Police Power - Control Of Streets - Power Of City To Grant Exclusive Garbage Disposal Privilege, Michigan Law Review
Michigan Law Review
Defendant was arrested and fined for collecting and removing garbage by truck over the streets of plaintiff city in violation of an ordinance which provided that no persons other than the duly authorized employees of the city should collect, remove, convey, or transport garbage by any means whatsoever over the city streets. The state constitution gave municipalities the power to adopt and enforce local police and sanitary measures which did not conflict with the general laws. In broad terms, the general code gave the city the power to dispose of garbage, sewage, etc. Defendant claimed that the ordinance conflicted with …
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Michigan Law Review
Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Michigan Law Review
At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …