FELIN v. KYLE

Nos. 6774, 6775.

102 F.2d 349 (1939)

FELIN v. KYLE, Formerly Acting Collector of Internal Revenue (two cases).

Circuit Court of Appeals, Third Circuit.

February 20, 1939.


Attorney(s) appearing for the Case

Bertram P. Rambo, and Rambo, Rambo & Knox, all of Philadelphia, Pa., for appellants.

James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and J. Leonard Lyons, Sp. Assts. to Atty. Gen., J. Cullen Ganey, U. S. Atty., of Bethlehem, Pa., and Thomas J. Curtin, Asst. U. S. Atty., of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

The question here involved is whether certain income received by the appellants was "capital gain", as reported by them in their income tax return for 1932, or ordinary income.

The commissioner held that it was ordinary income, taxable at a higher rate, and on this basis determined deficiencies against the appellants. They paid the alleged deficiencies and brought suit in the District Court against the appellee, formerly acting collector...

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