Nature of the Case
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Facts
Taxpayer paid $61,000 for 1,236 acres of land along with water rights. The land was used for a private fishing club. In 1934, the City of Los Angeles constructed a tunnel nearby and began to divert foreign waters into the Owens River upstream from the Taxpayer. The foreign waters adversely affected the fishing and caused flooding and erosion. In 1939, after Taxpayer threatened a suit, a settlement was reached in which the city paid Taxpayer $50,000 to release and forever discharge them from liability. Taxpayer incurred attorney’s fees of $1,000. P contends that the monies were paid for an easement and damages to property rights and the very character of the easement made it impracticable if not impossible to apportion a basis to the property affected.
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