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GRUVER v. COMMISSIONER OF INTERNAL REVENUE

No. 5213.

142 F.2d 363 (1944)

GRUVER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

April 11, 1944.

Attorney(s) appearing for the Case

James Craig Peacock, of Washington, D. C. (Paul F. Myers, of Washington, D. C., on the brief), for petitioner.

Melva M. Graney, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before SOPER and DOBIE, Circuit Judges, and HUTCHESON, District Judge.

SOPER, Circuit Judge.

The Commissioner of Internal Revenue determined deficiencies in income taxes of a real estate dealer amounting to $2,389.66 for 1939 and $3,581.73 for 1940 and the question is whether certain profits of the taxpayer's business were taxable as ordinary income or as capital gains. More specifically the question is whether or not the taxpayer's property was held by him primarily for sale to customers in the ordinary course of business and on that...

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