Reversionary Interest

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

• Dominick's Estate v. Commissioner of Internal Revenue
  152 F.2d 843· 2d Cir.· 1946-01-02 ·cited 4×
  The court held that the grantor's retained reversionary interest in the trust corpus, extinguished by his death, necessitates inclusion of the entire corpus value in his gross estate for tax purposes.
• Swope v. Kan. City
  132 F.2d 788· 10th Cir.· 1942-12-31 ·cited 4×
  The court held that the construction of improvements on the levee property, including a grain elevator and cold storage, did not constitute an abandonment of the dedicated purpose, as these uses were consistent with and promoted commerce.
• Bolton McBRYDE v. Lowe
  163 So. 2d 896· Fla. 2d DCA· 1964-05-01 ·cited 3×
• Lehmann v. Cocoanut Bayou Ass'n, Inc.
  269 So. 3d 599· Fla. 2d DCA· 2019-04-05 ·cited 2×
  The Lehmanns own the disputed parcel in its entirety because title to the portion the trial court awarded to the Association passed to the Lehmanns' predecessors through prior conveyances of abutting lands, either as title subject to public easements (under the abutting-lands pri
• Metro. Dade Cnty. v. Potamkin Chevrolet
  832 So. 2d 815· Fla. 3d DCA· 2002-10-30 ·cited 2×
  Metropolitan Dade County appeals a summary judgment quieting title in favor of Potamkin Chevrolet over a canal right-of-way and maintenance easement. The court reverses, holding that the County did not abandon its easement rights and Potamkin took the property subject to the Coun
• United States v. 50.822 Acres OF Land
  950 F.2d 1165· 5th Cir.· 1992-01-21 ·cited 2×
  The court held that the Hanslers failed to meet their burden of establishing the value of their repurchase option, and thus the district court's award of nominal compensation was not clearly erroneous.
• AL MAR Corp., Inc. v. VAN DE Kerckhove
  403 So. 2d 1128· Fla. 4th DCA· 1981-09-23 ·cited 2×
  Al Mar Corporation, a trailer park owner, appeals a judgment upholding dedicated easements for private drives through the park and finding an easement by prescription had been acquired. The court affirmed the finding that the dedicated easements had not terminated but reversed th
• Caporal v. United States
  577 F.2d 113· 10th Cir.· 1978-06-02 ·cited 2×
  The court held that the district court did not err in its valuation of the property or the leasehold interest, nor in its determination of the alley ownership and compensation, but did err in failing to award interest on the deficiency payment.
• Pueblo OF Isleta ex rel. Alvino Lucero v. Universal Constructors, Inc.
  570 F.2d 300· 10th Cir.· 1978-01-17 ·cited 2×
  A tribe has standing to sue under 28 U.S.C. § 1362 for damages to tribal lands and improvements, even if individual members hold use rights, because the tribe retains a reversionary interest and the federal government has an interest in protecting tribal property.
• Hunter v. City OF Jacksonville
  273 So. 2d 93· Fla. 1st DCA· 1973-02-06 ·cited 2×
  The court held that the trial judge erred in instructing the jury that mere delay in applying the land for its granted purpose would not impair the grant, as this removed a critical question from the jury's determination.
• State v. Fla. E. Coast Ry. Co.
  239 So. 2d 587· Fla.· 1970-09-09 ·cited 2×
• In re Tr. under the Will of C. Ed Carmichael
  227 So. 2d 237· Fla. 1st DCA· 1969-10-09 ·cited 2×
  The court held that the trial court's construction of the will was reasonable and affirmed the judgment terminating the trust and distributing the property.
• Peoples First Nat'l Bank & Tr. Co. Under the Will of Sarah G. Ricketson v. United States
  241 F.2d 420· 3d Cir.· 1957-02-14 ·cited 2×
  The value of the house is not includible in the decedent's gross estate because the 1926 agreement constituted a bona fide sale for adequate and full consideration, exempting it from the revocable transfer provisions.
• Commissioner of Internal Revenue v. Marshall's Estate
  203 F.2d 534· 3d Cir.· 1953-04-10 ·cited 2×
  The court held that the trust property was not includible in the decedent's gross estate because the beneficiaries could have obtained possession or enjoyment without surviving the decedent, and the decedent did not retain a reversionary interest by the express terms of the trust
• Lowdermilk v. Ohio Oil Co.
  203 F.2d 399· 7th Cir.· 1953-04-06 ·cited 2×
  The court held that the assignments of oil and gas leases, upon performance by the assignee, vested title and ownership of the wells and produced oil in the assignee, despite the assignor's claims of lack of consideration or implied reversion.
• Slade's Estate v. Commissioner of Internal Revenue
  190 F.2d 689· 2d Cir.· 1951-07-30 ·cited 2×
  The court held that the trust was not taxable as part of the grantor's estate because the trustee's letter, which would have created a reversionary interest, was unenforceable under New York law.
• Coles Trading Co. v. Spiegel, Inc.
  187 F.2d 984· 9th Cir.· 1951-03-22 ·cited 2×
  In a quo warranto proceeding, the Florida Supreme Court reversed a judgment of ouster against a Democratic Executive Committeeman who announced support for the Republican presidential nominee in 1952. The Court held that his oath, taken in 1950, obligated him only to vote for all
• Pruyn's Estate v. Commissioner of Internal Revenue
  184 F.2d 971· 2d Cir.· 1950-11-03 ·cited 2×
  The interest passing to a surviving sister under a survivor annuity contract is not includible in the decedent's gross estate for federal estate tax purposes if the decedent did not retain a reversionary interest exceeding 5% of the property's value, as per the Technical Changes
• Carmack v. United States
  177 F.2d 463· 8th Cir.· 1949-10-27 ·cited 2×
  The court held that the appellant, as an heir of the original grantor, lacked ownership and standing to contest the condemnation award, as the original grant divested all ownership rights and the City held title for public use.
• United States v. Tonkin
  150 F.2d 531· 3d Cir.· 1945-07-03 ·cited 2×
  The court held that the purchase of single premium life insurance and annuity contracts, when viewed as an indivisible transaction, constituted a transfer made in contemplation of death, making the proceeds includible in the decedent's gross estate for tax purposes.
• Badger Oil Co. v. Commissioner of Internal Revenue
  118 F.2d 791· 5th Cir.· 1941-04-08 ·cited 2×
  The court held that the cash and notes received from the outright sale of an oil lease are not depletable income, as it represents a conversion of capital, not income realized by production.
• Pelican Creek v. Pulverenti
  Fla. 5th DCA· 2018-01-29 ·cited 1×
  Abutting property owners receive title to the full width of property subject to a public common law dedication when that dedication is located on the edge of a subdivision plat, and injunctive relief is the appropriate remedy for continuous trespass.
• Ermine M. Owenby v. City OF Quincy
  95 So. 2d 426· Fla.· 1957-04-24 ·cited 1×
  When land is conveyed as a gift with an express reversion clause conditioning retention on specific uses within five years, and the grantee performs practically nothing to accomplish those uses despite substantial prior negotiations establishing the parties' mutual intent to impr
• Grames v. Sarasota Cnty.
  M.D. Fla.· 2020-08-21
  The court held that plaintiffs failed to demonstrate irreparable injury, as an adequate remedy for compensation exists, thus denying their motion for a temporary restraining order.
• The Conf. of African Union First Colored Methodist Protestant Church v. C.A. No. 1751-MG Hovington Faith Cmty. Church
  Del. Ch.· 2009-10-22
  The Court affirmed the Master's report, finding that the property in question is held by St. John's/Hovington for the benefit of the Conference. Legal title remains with the incorporated religious society, St. John's/Hovington, as no valid deed has transferred ownership. The Conf
• Sonido, LLC v. Arcadia Enters., LLC
  3 So. 3d 1273· Fla. 1st DCA· 2009-03-10
  The court held that a recorded state disclaimer with a reversionary interest created a cloud on title, preventing the seller from delivering good and merchantable title as required by the contract.
• Lachance v. Desperado's OF Holly Hill, Inc.
  760 So. 2d 1023· Fla. 5th DCA· 2000-06-16
  This case addresses the priority of interests in an alcoholic beverage license between a landlord (Lomar) who retained a reversionary interest in the license and a lender (Lachance Trust) who filed a lien against the license. The court held that Lomar's ownership interest in the
• Temple-Inland Forest Prods. Corp. v. United States
  988 F.2d 1418· 5th Cir.· 1993-04-13
  The court held that the deed's language, particularly the use of the plural 'reservations,' indicated that Temple's mineral interest in each of the twenty-two circular tracts terminated independently when commercial operations ceased on that specific tract at the end of a five-ye
• Est. of Joseph A. VAK v. Commissioner OF Internal Revenue
  973 F.2d 1409· 8th Cir.· 1992-09-01
  The court held that the 1981 and 1982 transfers of beneficial certificates constituted completed partial gifts, and the final completion of the gift of the remaining certificates occurred on November 1, 1985, not February 18, 1985.
• Ginsberg v. Austin
  968 F.2d 1198· Fed. Cir.· 1992-06-18
  The court held that the assignment of a lease does not automatically transfer the right to accrued but unpaid rent unless expressly stated, and therefore the assignor retains standing to pursue such claims.
• United States v. Foulks
  905 F.2d 928· 6th Cir.· 1990-06-08
  The court held that the funds embezzled by the defendant retained their federal character because the Federal Emergency Management Agency maintained control and reversionary interest over them, and that sufficient evidence supported the conviction and restitution order.
• Trent v. United States
  893 F.2d 846· 6th Cir.· 1990-01-11
  The dissent argues that an Ohio court of equity would recognize Norma Jean Collins' reversionary interest in jointly owned real estate placed in trust upon divorce, despite her relinquishment of equitable interest during the trust's existence.
• Inversiones del Angel, S.A. v. Callon Petroleum Co.
  883 F.2d 29· 5th Cir.· 1989-09-13
  The court held that Louisiana Revised Statute 31:150 requires an express written reservation of outstanding mineral interests when land is acquired by a public body, and absent such a reservation, the interests revert to the government.
• Joseph Bros. Co. v. F.W. Woolworth Co.
  844 F.2d 369· 6th Cir.· 1988-04-18
  The court held that the agreement between Woolworth and SCOA was a sublease, not an assignment, and that the lease did not require landlord consent for such a sublease. However, the court reversed the lower court's decision regarding percentage rent, finding it no longer applied
• Devers v. Chateau Corp.
  792 F.2d 1278· 4th Cir.· 1986-06-17
  The court held that a surviving spouse's dower interest is limited to the value of the deceased spouse's actual interest, considering prior encumbrances like long-term leases, and that the present value of a reversionary interest after a long-term lease is negligible.
• LAL v. CBS, Inc.
  726 F.2d 97· 3d Cir.· 1984-01-19
  The court held that the "fair report" privilege protected the broadcast, the trespass claim failed due to tenant consent, and the reporter's notes were protected by the shield statute.
• In re Leasing Consultants v. First Nat'l City Bank
  486 F.2d 367· 2d Cir.· 1973-09-25
• The Second Nat'l Bank OF NEW Haven v. United States
  422 F.2d 40· 2d Cir.· 1970-02-25
  The dissent argues that the statutory credit for state death taxes paid on property included in the gross estate should be allowed, even if that specific property was not subject to federal tax.
• Kearns v. The United States
  399 F.2d 226· Ct. Cl.· 1968-07-17
  The court held that the decedent possessed incidents of ownership in the life insurance policies at his death, making their proceeds includible in his gross estate.
• 8778 Beverly Corp. v. Fecht
  21 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1963-01-28
  Beverly Corporation brought a suit to quiet title to a former alley in the Little River Extension Subdivision in Miami. The court held that the alley was never dedicated to the public, that abutting lot owners held fee simple title to the center of the alley subject to a private
• Bacciocco v. United States
  286 F.2d 551· 6th Cir.· 1961-02-06
  The court held that the stock's basis for capital gains tax purposes is the donor's cost basis, not the fair market value at the donor's death, because the beneficiaries acquired the stock by gift through a trust, not by inheritance or from the decedent's estate.
• United States v. Shafto
  246 F.2d 338· 4th Cir.· 1957-07-15
  Assignments of lease rents to a spouse are taxable to the assignor if the assignor retains control and liabilities associated with ownership.
• Costin v. Cripe
  235 F.2d 162· 7th Cir.· 1956-07-03
  The entire corpus of the trust is includable in the decedent's gross estate for federal estate tax purposes because the decedent retained a reversionary interest with a value exceeding 5% of the property's value immediately before his death.
• Sharpless v. United States
  221 F.2d 574· 3d Cir.· 1955-04-21
  The court held that the plaintiff's claim for a refund was time-barred because the tax assessment was based on Section 811(a) of the Internal Revenue Code, not the retroactive amendment of Section 811(c) provided by the Technical Changes Act of 1949.
• In re Rhodes' Estate. Rhodes v. Commissioner of Internal Revenue
  174 F.2d 584· 3d Cir.· 1949-04-19
  The court held that the value of the trusts, including life estates and insurance policies, are subject to estate tax liability due to retained reversionary interests and control by the settlor.
• Hock v. Commissioner of Internal Revenue
  152 F.2d 574· 8th Cir.· 1945-12-27
  The court held that the proceeds of a life insurance policy are includible in the decedent's gross estate if the decedent retained a possibility of reversion, even if the beneficiary was designated irrevocably.
• Gonzalez v. Sallie A. Hooton
  63 Fla. 163· Fla.· 1912-01-01
  This case concerns the interpretation of a trust deed that conveyed land to a trustee for the benefit of Stephen Gonzalez. The court determined the nature of the estate Stephen Gonzalez received, which ultimately impacted the validity of a subsequent conveyance of the property.