COLE v. UNITED STATES

Civ. No. 3970.

141 F.Supp. 558 (1956)

George L. COLE and Mary K. Cole, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Wyoming.

May 17, 1956.


Attorney(s) appearing for the Case

Allen A. Pearson and William A. Swainson, Cheyenne, Wyo., for plaintiffs.

Thomas H. Foye, Atty., U. S. Dept. of Justice, Tax Division, Washington, D. C., and John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., for defendant.


T. BLAKE KENNEDY, District Judge.

This is an action in which plaintiffs seek to recover under the applicable statutes certain deficiency taxes assessed and paid by them, so assessed upon the ground that the plaintiffs on account of the gains realized from sales were not entitled to long term capital gain treatment, upon which basis the return was made, as distinguished from sales made in ordinary course of business.

The case is before the writer as a retired...

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