OLDHAM LUMBER CO. v. DUNLAP

Civil Action No. 3003.

83 F.Supp. 336 (1948)

OLDHAM LUMBER CO. v. DUNLAP, Acting Collector of Internal Revenue.

United States District Court N. D. Texas. Dallas Division.

October 29, 1948.


Attorney(s) appearing for the Case

Robertson, Jackson, Payne & Lancaster, by Sam Winstead, all of Dallas, Tex., for plaintiff.

Wm. P. Fonville, Asst. U. S. Atty., of Dallas, Tex., for defendant.


ATWELL, District Judge.

Well, the difference between you gentlemen is largely based upon a word which is not underscored in the statute — one would italicize it and the other would just leave it as it is.

What Congress had in mind in 26 U.S. C.A. § 117 presents a difficulty in unraveling the respective positions taken by the income tax authorities and the citizen with reference to whether a transaction was capital gain or ordinary income. One goes...

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