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BISTLINE v. UNITED STATES

Nos. 1885-1887.

145 F.Supp. 802 (1956)

Anne BISTLINE, Plaintiff, v. UNITED STATES of America, Defendant. F. M. BISTLINE, Plaintiff, v. UNITED STATES of America, Defendant. F. M. BISTLINE and Anne Bistline, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Idaho, E. D.

November 1, 1956.

Attorney(s) appearing for the Case

F. M. Bistline, R. Don Bistline, and Beverly B. Bistline, Pocatello, Idaho, for plaintiffs.

Arthur L. Biggins, Atty., Dept. of Justice, Washington, D. C., for defendant.

TAYLOR, District Judge.

The plaintiffs, husband and wife, filed these actions against the United States to recover income taxes which they aver were erroneously assessed and collected. This Court has jurisdiction to decide these matters. 28 U.S.C.A. § 1346(a) (1).

Two issues are presented here: (1) Were the profits realized by these taxpayers from the sale of real estate properly taxed as ordinary income?...

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