COMMISSIONER OF INTERNAL REVENUE v. AMMANN

No. 15643.

228 F.2d 417 (1955)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Jack Jordan AMMANN and Dorothy Lee Ammann, Respondents.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 10, 1956.


Attorney(s) appearing for the Case

Grant W. Wiprud, Atty. Dept. of Justice, John Potts Barnes, Chief Counsel Int. Rev. Ser., John M. Morawski, Special Atty., Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Special Asst. to the Atty. Gen., A. F. Prescott, Washington, D. C., for petitioner.

R. B. Cannon, Fort Worth, Tex., for respondent.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is a petition by the government for a review of a decision of the Tax Court.

The question here presented for our determination is whether a taxpayer who sold Section 117(j)1 assets for a net gain in 1949, and who is thus entitled to capital gains treatment on such gain must offset his share of Section 117(j) net losses, suffered by his partnership, against such individual gain to arrive at the net figure...

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