GREENWOOD PACKING PLANT v. COMMISSIONER OF INT. REV.

No. 4978.

131 F.2d 787 (1942)

GREENWOOD PACKING PLANT v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

November 12, 1942.


Attorney(s) appearing for the Case

Theodore B. Benson of Washington, D. C., for petitioner.

Arthur A. Armstrong, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Samuel H. Levy, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before PARKER, SOPER and NORTHCOTT, Circuit Judges.


SOPER, Circuit Judge.

The taxpayer, as lessor of a piece of land, profited by the erection of a building thereon by the lessee; and the question for decision is whether the gain was taxable as income in 1935, when the lease terminated and the lessor regained possession of the property, or in 1936 when the land and building were sold. The taxpayer contends that the income was received in 1935, although it was not included in the income tax return for that year; and...

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