Nix v. Hedden one of the first companies to ship produce from Virginia, Florida, and Bermuda to New York. In 1883, President Chester A. Arthur signed the Tariff Act of March 3, 1883, requiring a tax to be paid on imported vegetables, but not fruit. The John Nix & Co. company filed a suit against Edward L. Hedden, Collector of the Port of New York, to recover back duties paid under protest. They argued against the tariff by pointing out that, botanically, a tomato is a fruit due to its seed-bearing structure growing from the flowering part of a plant. At the trial,
Alderson v. Commissioner holding is reversed. (Note: The court did not discuss whether the properties were in fact like-kind because the point was never refuted by the Tax Court). The court held that because the properties were indeed exchanged, they are subject to nonrecognition of gain under § 1031. First, the court used the case of "Commissioner v. Court Holding Co." There, it was determined that for tax purposes: The incidence taxation depends upon the substance of a transaction. The tax consequences which arise from gains from a sale of property are not finally to be determined solely by the means employed to