No. 396-56.

168 F.Supp. 762 (1958)

Bertha BOEING, William Edward Boeing, Jr., and Donald R. Drew, As Executors of the Estate of W. E. Boeing, Deceased, and Bertha Boeing v. UNITED STATES.

United States Court of Claims.

December 3, 1958.

Attorney(s) appearing for the Case

Lowell P. Mickelwait, Seattle, Wash., Holman, Mickelwait, Marion, Black & Perkins and Andrew M. Williams, Seattle, Wash., on the brief, for plaintiffs.

Harold S. Larsen, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., James P. Garland, Baltimore, Md., on the brief, for defendant.

JONES, Chief Judge.

In this suit to recover income tax deficiencies paid, plaintiffs contend that amounts realized upon the sale of certain real estate were not ordinary income, as was determined by the Commissioner of Internal Revenue, but were gains derived from the sale of capital assets within the meaning of section 117(a) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 117(a).

The real estate sold...

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