ROLLINGWOOD CORP. v. COMMISSIONER OF INTERNAL REVENUE

Nos. 12728, 12729.

190 F.2d 263 (1951)

ROLLINGWOOD CORP. v. COMMISSIONER OF INTERNAL REVENUE. BOHANNON v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

June 21, 1951.


Attorney(s) appearing for the Case

Justin M. Jacobs, Garret McEnerney II, James Shaughnessy, San Francisco, Cal., for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Carlton Fox and Hilbert P. Zarky, Sp. Assts. to the Atty. Gen. for respondent.

Before BONE and ORR, Circuit Judges, and FEE, District Judge.


BONE, Circuit Judge.

The question to be determined by the petitions for review of a decision of the Tax Court is whether that court erred in determining that the proceeds from the sale of certain houses by the Rollingwood Corporation should be taxed as ordinary income instead of gains from the sale of capital assets. The applicable statutory provision is Section 117(j) of Title 26 U.S.C.A., as added by Section 151(b) of the Revenue Act of 1942, which provides in part...

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