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THOMPSON v. UNITED STATES

No. 290-53.

145 F.Supp. 534 (1956)

Fritz THOMPSON, Individually and as Sole Beneficiary of the Estate of Helen Thompson, Deceased, v. The UNITED STATES.

United States Court of Claims.

November 7, 1956.

Attorney(s) appearing for the Case

E. Byron Singleton, Amarillo, Tex., Singleton & Trulove, Amarillo, Tex., on the brief, for plaintiff.

David R. Frazer, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe and Edward W. Rothe, Washington, D. C., on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

The question presented is whether the profits realized in the years 1946 to 1949 by plaintiff from the sale of lots in a 100-acre tract purchased by him in 1942 are taxable as capital gains or as ordinary income derived by plaintiff in the ordinary course of his trade or business.

Plaintiff was a County Commissioner of Hutchinson County, Texas. As such he was in charge of acquiring the right-of-way for the construction of State Highway 117...

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