Reversionary Interest

162 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• de Cuellar v. Nicholas F. Brady as Sec'y of the Treas. of the U.S. & Mfrs. Hanover Tr. Co.
  881 F.2d 1561· 11th Cir.· 1989-09-01 ·cited 11×
  The court held that the Secretary's denial of the plaintiff's application for a license to redeem Cuban bonds was based on a reasonable interpretation of the Cuban Assets Control Regulations.
• Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs., Ltd.
  493 So. 2d 417· Fla.· 1986-03-13 ·cited 11×
  The Florida Supreme Court held that a statute requiring landlords to permit cable television companies to install equipment on apartment-complex property constitutes an unconstitutional taking of property without just compensation under both state and federal constitutions, follo
• State OF Idaho v. The Honorable Cecil D. Andrus
  720 F.2d 1461· 9th Cir.· 1983-12-01 ·cited 10×
  The court held that the voluntary dismissal by the United States did not preclude further prosecution of the appeal by the Tribe, and that the Tribe has standing to appeal.
• Coney v. First State Bank OF Miami
  405 So. 2d 257· Fla. 3d DCA· 1981-10-27 ·cited 10×
  The court reviewed a trial court's decision to set aside a sheriff's sale of an alcoholic beverage license, considering the rights of the judgment creditor, the lessors, and the buyer.
• Helvering v. Com'r of Internal Revenue
  129 F.2d 832· 3d Cir.· 1942-03-23 ·cited 10×
  The court held that the settlors made a gift of the whole taxable estate, and the reversionary interests were too contingent to be deducted from the value of the remainders.
• Polly S. Loveland v. CSX Transp., Inc.
  622 So. 2d 1120· Fla. 3d DCA· 1993-08-10 ·cited 9×
  The court held that the sale of portions of the property triggered the reversionary clause, and that a question of fact remained regarding whether alleged leases barred the action due to the statute of limitations and laches.
• Green v. Barrow
  150 Fla. 594· Fla.· 1942-05-19 ·cited 9×
  The Florida Supreme Court reversed a trial court's judgment that a testator's will granted his wife only a life estate without power to convey. The court held that the will language granted the wife a life estate with full power to convey the estate during her lifetime, making he
• Villafranca v. Cotitia
  147 Fla. 715· Fla.· 1941-07-08 ·cited 9×
  The court affirmed a decree canceling a deed conditioned on the grantee's lifelong support of the grantor, finding the condition was breached.
• Preseault v. Interstate Commerce Comm'n & the United States
  853 F.2d 145· 2d Cir.· 1988-08-04 ·cited 8×
  The court held that 16 U.S.C. § 1247(d) is a valid exercise of Congress's commerce clause power and does not effect a taking without just compensation under the Fifth Amendment.
• Kaufman v. Commissioner OF Internal Revenue
  372 F.2d 789· 4th Cir.· 1966-10-18 ·cited 8×
  The court held that the tax basis of property sold under a new ground rent requires allocation between the leasehold and reversion, and that hypothecated funds from mortgages have a market value that should be recognized as income upon release, but remanded for further evidence o
• United States v. Railroad
  348 F.2d 278· 5th Cir.· 1965-06-30 ·cited 8×
  A lessor under a long-term lease of corporate securities is not entitled to the dividends-received deduction as they have divested beneficial ownership, and the retained interest in leased shares is not depreciable property.
• Hanover Bank & Samuel B. Fortenbaugh, Jr. v. United States
  285 F.2d 455· Ct. Cl.· 1961-01-18 ·cited 8×
• Wood v. Commissioner OF Internal Revenue
  274 F.2d 268· 5th Cir.· 1960-01-15 ·cited 8×
  The dissenting judge held that the Tax Court was correct in taxing income to the taxpayer, except for income from an interest assigned to her counsel, and that the state court judgment was not binding on the Tax Court.
• Price v. Commissioner of Internal Revenue
  132 F.2d 95· 6th Cir.· 1942-11-30 ·cited 8×
  The income from a short-term trust created for the benefit of an immediate family member is taxable to the settlor if the settlor retains significant control and the corpus and income are temporarily removed from ownership.
• Helvering v. Dunning
  118 F.2d 341· 4th Cir.· 1941-03-10 ·cited 8×
  The court held that the grantor was taxable on the trust income under Section 166 of the Revenue Act of 1934 because he possessed a vested power to revoke the trusts at any time, even if subject to a notice requirement.
• Pitney-Bowes, Inc. v. Mestre
  517 F. Supp. 52· S.D. Fla.· 1981-02-12 ·cited 7×
  The court held that royalty obligations under a hybrid license agreement cannot extend beyond the expiration of the underlying patents if the agreement does not explicitly differentiate between patent and trade secret royalties.
• In Matter of Bernard Bergman v. Bergman
  585 F.2d 1171· 2d Cir.· 1978-10-13 ·cited 7×
  The court held that Bergman is not a legal or equitable owner of the Park Crescent property and thus not eligible to invoke Chapter XII of the Bankruptcy Act.
• Berlein v. Eddy
  89 Fla. 484· Fla.· 1925-06-05 ·cited 7×
  This case addresses whether a purchaser of mortgaged personal property can be held liable to the mortgagee for the debt simply by purchasing the property, even if the property is not converted or its lien impaired. The court held that such a purchase alone does not make the buyer
• Est. of Charles J. Wyly, Sr. v. Commissioner OF Internal Revenue
  610 F.2d 1282· 5th Cir.· 1980-02-04 ·cited 6×
  The court held that the community interest of donors in the income of donated property was insufficient to constitute 'the right to income from the property' under 26 U.S.C.A. § 2036(a)(1).
• PIC Realty Corp. v. Evans
  605 F.2d 476· 9th Cir.· 1979-10-02 ·cited 6×
  The bankruptcy court lacked summary jurisdiction over the settlement agreements because the Vita interests did not possess sufficient property rights in the hotel at the time of filing, and PIC did not consent to such jurisdiction beyond matters related to the lease.
• State OF Wyo. v. Andrus
  602 F.2d 1379· 10th Cir.· 1979-07-18 ·cited 6×
  Wyoming is not entitled to indemnity lieu lands for acreage within railroad rights-of-way crossing school sections, as the grant of a right-of-way does not constitute a 'prior disposition' under the relevant statutes.
• Est. of Joseph P. Grace v. The United States
  393 F.2d 939· Ct. Cl.· 1968-04-19 ·cited 6×
  The dissenting judge would hold that the taxpayers failed to prove the absence of estate tax motivation and that the reciprocal trust doctrine applies based on an objective standard, not subjective intent.
• Pasadena Inv. Co. & William J. Clark v. Weaver
  376 F.2d 175· 9th Cir.· 1967-04-04 ·cited 6×
  The bankruptcy court had summary jurisdiction to determine the validity of the trust deed, and the debtor was not estopped from asserting defenses against the assignee of the note and trust deed.
• Bornholdt v. S. Pac. Co.
  327 F.2d 18· 9th Cir.· 1964-01-24 ·cited 6×
  The court held that leasing a portion of the property for parking, which did not interfere with railroad operations or future expansion, did not constitute a cessation of use for railroad purposes under the deed's forfeiture provision.
• In re Holiday Lodge, Inc. v. Holiday Lodge, Inc.
  300 F.2d 516· 7th Cir.· 1962-03-13 ·cited 6×
  A bankruptcy court lacks jurisdiction to restrain a first mortgagee from foreclosing on property superior to the debtor's interest, and continuing such a stay constitutes an abuse of discretion.
• Haynes v. Eagle-Picher Co.
  295 F.2d 761· 10th Cir.· 1961-10-13 ·cited 6×
  A lessee's obligation to pay royalty on "all other minerals or substances whatever, which may be mined or removed" includes minerals that acquire market value through processing after the initial mining, even if not contemplated at the time of the original lease.
• Fitzgerald v. City OF Ardmore
  281 F.2d 717· 10th Cir.· 1960-06-21 ·cited 6×
  Title to the abandoned railway right of way vested in the abutting landowners, not the municipality, because the railroad failed to exercise its right to purchase the fee title by the statutory deadline.
• Commissioner OF Internal Revenue v. Est. of Ralph W. Simmers
  231 F.2d 909· 4th Cir.· 1956-03-21 ·cited 6×
  The value of ground rents payable to the seller should be considered part of the proceeds of sale for tax purposes.
• Commissioner of Internal Revenue v. Clark
  202 F.2d 94· 7th Cir.· 1953-02-19 ·cited 6×
  The court held that Treasury Regulation 111, § 29.22(a)-21, which created a conclusive presumption for taxing trust income to the grantor based solely on duration, was void as unreasonable, arbitrary, unconstitutional, and in conflict with the statute.
• Okla. City-Ada-Atoka Ry. Co. v. City OF ADA
  182 F.2d 293· 10th Cir.· 1950-05-08 ·cited 6×
  The court held that the railway company's failure to use the land for railway purposes, as required by the granting statute, resulted in the land reverting to the City of Ada.
• Commissioner of Internal Revenue v. Singer's Estate
  161 F.2d 15· 2d Cir.· 1947-04-15 ·cited 6×
  The court held that the settlor's remote, contingent power of appointment did not render the inter vivos trust principal subject to estate tax.
• Bd. of Educ. of Raleigh Cnty. v. Winding Gulf Collieries
  152 F.2d 382· 4th Cir.· 1945-12-12 ·cited 6×
  The proceeds of an insurance policy on a building belong to the insured who paid the premiums, even if the land on which the building stood has reverted to another party, absent a fiduciary duty or agreement to the contrary.
• Baldwin v. Commissioner of Internal Revenue
  125 F.2d 812· 9th Cir.· 1942-02-10 ·cited 6×
  The court held that the Board's finding that the transfer of property was intended to take effect in possession or enjoyment at or after death is supported by substantial evidence.
• Hopkins v. Magruder (two cases)
  122 F.2d 693· 4th Cir.· 1941-09-10 ·cited 6×
  In Case No. 4792, a wife's dower interest in her husband's reversionary estate subject to a life estate is not recognized under Maryland law and thus not deductible for gift tax purposes. In Case No. 4793, a trust created with life insurance policies and stock for the benefit of
• Pelican Creek Homeowners, LLC v. Pulverenti
  243 So. 3d 467· Fla. 5th DCA· 2018-02-02 ·cited 5×
  Homeowners appealed a summary judgment that denied their request to remove neighbors' dock and boathouse from property they claimed to own. The court reversed, holding that the homeowners have fee simple title to the canal and drainage easement as abutting landowners to a common
• Herbits v. Bd. of Trs. of the Internal Improvement Tr. Fund
  195 So. 3d 1149· Fla. 1st DCA· 2016-06-24 ·cited 5×
  Herbits and a condominium association appealed the Board of Trustees of the Internal Improvement Trust Fund's dismissal of their petition challenging the Board's approval of a partial modification of deed restrictions on Watson Island property conveyed to the City of Miami in 194
• In & for Sussex Cnty. Dewey Beach Lions Club, Inc.
  2006 WL 701980· Del. Ch.· 2006-08-21 ·cited 5×
  The court affirmed the Master's decision denying the landowners' claim to a prescriptive easement. The court found that the landowners failed to prove their use of the disputed strip of land was either not permissive or exclusive against the general public. Therefore, the landown
• Amplicon Fin., Inc. v. Sunshine-Jr. Stores
  198 B.R. 823· M.D. Fla.· 1996-06-28 ·cited 4×
  The court held that Amplicon's reversionary interest was extinguished by the debtor's default and CIT's exercise of its rights under the assignment, and that the assignment was unambiguous, precluding parol evidence.
• Smedley v. City OF Waldron
  739 F.2d 399· 8th Cir.· 1984-07-27 ·cited 4×
  The court held that a restraint on alienation in a deed to a governmental unit for a public purpose is not necessarily impermissible, especially if it aligns with the grantor's intent.
• Childs v. Morton Weissman and Harold Steiner
  432 So. 2d 604· Fla. 3d DCA· 1983-05-24 ·cited 4×
  A purchaser of land adjacent to a dedicated alley has a continued right of easement in that alley even after it reverts to private ownership, if the alley was materially beneficial to the enjoyment and use of the land at the time of purchase.
• Hamilton v. Ne. Kan. Health Sys. Agency, Inc.
  701 F.2d 860· 10th Cir.· 1983-03-03 ·cited 4×
  The court held that federal grant funds could not be used to pay attorney fees for prosecuting claims against the United States, reversing the lower court's order.
• United States v. 16.33 Acres OF Land IN the Cnty. OF Dade
  551 F.2d 678· 5th Cir.· 1977-05-02 ·cited 4×
  The court held that when a subdivider dedicates roads to public use while retaining a reversionary interest, and then sells lots referencing the plat without mentioning the reversion, the reversionary interest is conveyed with the lots to the abutting owners, subject to the publi
• Ansel Byron Thomas v. The United States & Beech Creek R.R. Co. & Penn Cent. Co.
  505 F.2d 1282· Ct. Cl.· 1974-11-20 ·cited 4×
  The court held that the plaintiffs had already assigned their leasehold interest to Shawville Coal Company prior to the alleged taking, thus divesting themselves of any compensable interest. The court also found no jurisdiction for claims involving the United States and third-par
• Peninsular Point, Inc. v. S. Ga. Dairy Co-Op, Inc.
  251 So. 2d 690· Fla. 1st DCA· 1971-08-24 ·cited 4×
  Peninsular Point, Inc. sought to enjoin South Georgia Dairy Co-Op from obstructing an abandoned platted street and to quiet title to the street. The court reversed the trial court's judgment, holding that the grantor's clear reservation of reversion rights in the dedication on th
• Mary v. Beck
  293 F.2d 333· 6th Cir.· 1961-07-03 ·cited 4×
  The court held that the district court lacked jurisdiction because the plaintiff's complaint did not present a federal question requiring construction of federal law. The nature of the title and the deed's restrictive clause are matters of state law.
• Est. OF Theodore Geddings Tarver v. Commissioner OF Internal Revenue
  255 F.2d 913· 4th Cir.· 1958-06-02 ·cited 4×
  The court held that the value of a life estate should be deducted from the corpus of a trust when determining its inclusion in the decedent's gross estate, and that a surviving spouse's power to invade the corpus of a testamentary trust was limited, thus not qualifying for the ma
• The Est. of Debe W. Hubbard v. Commissioner OF Internal Revenue
  250 F.2d 492· 5th Cir.· 1957-12-06 ·cited 4×
  A transfer in trust made before the 1932 amendment, where the donor's right to income is postponed until the death of another who survived the donor, is not includible in the donor's gross estate for tax purposes if the retained income interest has no ascertainable value.
• SAN GERÓNIMO Dev. Co., Inc. v. Treasurer OF Puerto RICO
  233 F.2d 126· 1st Cir.· 1956-04-30 ·cited 4×
  The court held that the 999-year leasehold interest in the San Gerónimo tract, even though derived from the United States, was subject to local property taxes assessed by Puerto Rico.
• Bd. of Com'rs of Okla. Cnty. v. Russell
  174 F.2d 778· 10th Cir.· 1949-05-06 ·cited 4×
  A deed condition requiring erection and use of buildings for a specific purpose does not necessitate perpetual maintenance; initial erection and use for a reasonable period fulfills the condition.
• Best v. Crown Drug Co.
  154 F.2d 736· 8th Cir.· 1946-04-11 ·cited 4×
  The court held that express lease provisions regarding encumbrances and the lessee's rights to protect themselves were inconsistent with an implied covenant of quiet enjoyment, and that the transfer of the lease was an assignment, not a sublease, thus precluding liability for bre