GREENE v. COMMISSIONER OF INTERNAL REVENUE

No. 10714.

141 F.2d 645 (1944)

GREENE et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

March 15, 1944.


Attorney(s) appearing for the Case

Frank Stubbeman, of Midland, Tex., and James H. Yeatman, of Houston, Tex., for petitioners.

Joseph M. Jones, Sewall Key, and A. F. Prescott, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HOLMES, WALLER, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

This case involves petitioners' income tax liability in 1938 and 1939 arising from profits earned upon 37 sales of interests in oil and gas leases. In his returns for each year the taxpayer treated his profits as gains resulting from the disposition of capital assets; the Commissioner, asserting that the properties were not capital assets but were held primarily for sale to customers in the ordinary course of business, treated the profits as...

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