CRANE v. HELVERING

No. 186.

76 F.2d 99 (1935)

CRANE et al. v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

March 11, 1935.


Attorney(s) appearing for the Case

James H. Hoffnagle, of New York City, for petitioners.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Warren F. Wattles, Sp. Assts. to the Atty. Gen., for the Commissioner.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

Crane, the petitioners' testator, who died on April 16th, 1930, had owned a parcel of land since before March 1st, 1913, of which he sold a part on May 17th, 1929. He received in payment $10,000 in cash, and a purchase money bond and mortgage for $390,000. The value of the land on March 1, 1913, was $125,000, and he elected under section 44 (b) of the Revenue Act of 1928 (26 USCA § 2044 (b), to return his profit upon an installment basis...

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