LOBELLO v. DUNLAP

No. 14551.

210 F.2d 465 (1954)

LOBELLO et al. v. DUNLAP.

United States Court of Appeals Fifth Circuit.

February 12, 1954.


Attorney(s) appearing for the Case

Sam G. Winstead, Dallas, Tex., for appellants.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, and Melva M. Graney, Sp. Asst. Attys. Gen., Dudley J. Godfrey, Jr., Sp. Asst. to Atty. Gen., Washington, D. C., Heard L. Floore, U. S. Atty., Ft. Worth, Tex., for appellee.

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


RIVES, Circuit Judge.

The question presented is whether the district court erred in holding that gain realized by the taxpayers in 1946 from each of three sales of real estate is taxable as ordinary income rather than capital gain. The taxpayers contend that the properties sold were capital assets within the meaning of Section 117(a) (1) of the Internal Revenue Code, 26 U. S.C.A.,1 and, accordingly, the gains realized from their sales...

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