COMMISSIONER OF INTERNAL REVENUE v. SAUNDERS

No. 9816.

131 F.2d 571 (1942)

COMMISSIONER OF INTERNAL REVENUE v. SAUNDERS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1942.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen.; Sewall Key, Helen R. Carloss, Louise Foster, and Bernard Chertcoff, Sp. Assts. to Atty. Gen.; and J. P. Wenchel, Chief Counsel, and J. M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D., C., for petitioner.

W. H. Harris, of Fort Valley, Ga., and West Palm Beach, Fla., and W. Terry Gibson, of West Palm Beach, Fla., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal involves the income tax of respondent for 1926. The question presented is whether the respondent, having elected to report, on the installment basis, income that was received in 1925 from a sale of real estate in that year, was required by Section 212(d) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev.Acts, page 162, to report the second payment from the sale on the same basis in 1926.

In 1925 the taxpayer agreed to sell...

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