McDONALD v. COMMISSIONER OF INTERNAL REVENUE

No. 201, Docket 22597.

214 F.2d 341 (1954)

McDONALD v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided July 7, 1954.


Attorney(s) appearing for the Case

Philip M. Aitken, Lincoln, Neb., for petitioner.

L. W. Post, Sp. Asst. to Atty. Gen., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack, Sp. Asst. to Atty. Gen., Washington, D. C., on the brief), for respondent.

Before CLARK and HINCKS, Circuit Judges.


CLARK, Circuit Judge.

This petition for review of a decision of the Tax Court of the United States involves the tax treatment under I.R.C. § 117(j) of the proceeds from sale of cattle from a dairy and breeding herd. From the facts found the following appears.

The taxpayer, James M. McDonald, during 1946 was the owner of a dairy and breeding herd of pure bred Guernsey cattle. It was one of the best herds of Guernsey cattle in the country, a status achieved...

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