TaxGuided
6th Cir. cases

Case detail

Cesarini v. United States

428 F.2d 812 (6th Cir. 1970)

Court

6th Cir.

Date

1970-01-01

Outcome

for-government

Holding

Treasure trove found by a finder is includible in gross income at fair market value in the year the property is reduced to undisputed possession.

Facts

Cesarini purchased a used piano in 1957. In 1964 he discovered cash hidden inside. He included the find in 1964 income but later sought a refund arguing the income arose in 1957 or was nontaxable.

Reasoning

The court applied the broad Glenshaw Glass definition and held that the year of inclusion was the year the taxpayer obtained undisputed possession.

Case metadata

Jurisdiction: United States
Topics: gross income, treasure trove, claim of right
Statutes applied: 26 U.S.C. 61

Official opinion

Open official decision

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Primary sources

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