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McGAH v. COMMISSIONER OF INTERNAL REVENUE

No. 12750.

193 F.2d 662 (1952)

McGAH et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

January 4, 1952.

Attorney(s) appearing for the Case

M. W. Dobrzensky, Edward B. Kelly, Oakland, Cal., for petitioners.

Ellis N. Slack, Acting Asst. Atty. Gen., A. F. Prescott, Carlton Fox and Virginia Adams, Sp. Assts. to the Atty. Gen., for respondent.

Before MATHEWS, BONE and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

Petitioners, Lucille McGah, E. W. McGah, Carole O'Shea and John P. O'Shea, partners calling themselves San Leandro Homes Company, were at all pertinent times engaged in the trade or business of renting and selling houses in San Leandro, California. In August, September and October, 1944, they sold, and derived gains from the sale of, 14 houses, all of which had been used in their trade or business1 and held by them...

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