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BISTLINE v. UNITED STATES

No. 15607.

260 F.2d 80 (1958)

F. M. BISTLINE and Anne Bistline, husband and wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 13, 1958.

Attorney(s) appearing for the Case

Bistline & Bistline, Beverly B. Bistline, Pocatello, Idaho, for appellants.

Charles K. Rice, Asst. Atty. Gen., Carolyn Just, Lee A. Jackson, Melva M. Graney, Louise Foster, Attys., Dept. of Justice, Washington, D. C., Ben Peterson, U. S. Atty., Boise, Idaho, for appellee.

Before STEPHENS, Chief Judge, and POPE and FEE, Circuit Judges.

PER CURIAM.

In this case, the familiar question, as to whether profit from real estate transactions is to be treated as capital gain or as ordinary income, is raised.

The trial court made findings as follows:

"F. M. Bistline is an attorney at law. He was admitted to practice in Idaho, in 1920, and has maintained his own law office since 1923. The net income earned from his legal practice in 1946, was $860; in 1947, $934."

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