GALENA OAKS CORPORATION v. SCOFIELD

No. 14788.

218 F.2d 217 (1954)

GALENA OAKS CORPORATION v. Frank SCOFIELD, Collector of Internal Revenue.

United States Court of Appeals, Fifth Circuit.

December 29, 1954.


Attorney(s) appearing for the Case

Wright Matthews, Leachman, Matthews & Gardere, Dallas, Tex., for appellant.

Grant W. Wiprud, Atty. Dept. of Justice, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to the Atty. Gen., Brian S. Odem, U. S. Atty., Houston, Tex., Malcolm R. Wilkey, U. S. Atty., Houston, Tex., Charles L. Short, Asst. U. S. Atty., Seguin, Tex., Walter Akerman, Jr., Sp. Assts. to the Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

The question in this case is whether the gain derived from the sale of 102 houses over the period from June, 1946, through August, 1947, should be accorded capital gains treatment under the provision of Section 117(j) of the Internal Revenue Code, reading in pertinent part:

"(1) Definition of property used in the trade or business. For the purposes of this subsection, the term `property used in the trade or business' means property...

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