RUBINO v. COMMISSIONER OF INTERNAL REVENUE

Nos. 12535, 12536.

186 F.2d 304 (1951)

RUBINO v. COMMISSIONER OF INTERNAL REVENUE (two cases).

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 8, 1951.


Attorney(s) appearing for the Case

Wareham C. Seaman, Stockton, Cal., for petitioners.

Thereon Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, L. W. Post, Spc. Assts. to Atty. Gen., for respondent.

Before STEPHENS and HEALY, Circuit Judges, and MATHES, District Judge.


PER CURIAM.

These cases are here on petition to review a decision of the Tax Court relating to a deficiency assessment. The Commissioner had determined that the property involved, namely, a number of houses constructed by the petitioners, were held by the latter primarily for sale to customers in the ordinary course of trade or business within the meaning of § 117(j) (1) of the Internal Revenue Code, 26 U.S.C.A. § 117(j) (1), hence the profit from the sale...

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