GAMBLE v. COMMISSIONER OF INTERNAL REVENUE

No. 16106.

242 F.2d 586 (1957)

Harry P. GAMBLE, Jr., and Gretchen B. Gamble, Husband and Wife, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 22, 1957.


Attorney(s) appearing for the Case

Harry P. Gamble, Jr., Harry P. Gamble, III, Gamble & Gamble, Lautenschlaeger & Gamble, New Orleans, La., of counsel, for petitioners.

C. Guy Tadlock, I. Henry Kutz, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., John Potts Barnes, Chief Counsel, John M. Morawski, Sp. Atty., I. R. S., Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and CAMERON and JONES, Circuit Judges.


JONES, Circuit Judge.

In this proceeding we review a decision of the Tax Court which affirmed a determination of the respondent, Commissioner of Internal Revenue, holding that profits made by the petitioner, Harry P. Gamble, Jr., from the sales of real estate in the years 1949 and 1950 were not entitled to be treated as capital gains in computing Federal income taxes, but on the contrary, were ordinary income and taxable as such.

The tax returns for the years...

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