COMMISSIONER OF INTERNAL REVENUE v. BABCOCK

No. 15888.

259 F.2d 689 (1958)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Frank W. BABCOCK, Respondent.

United States Court of Appeals Ninth Circuit.

September 23, 1958.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Carolyn R. Just, Lee A. Jackson, Robert N. Anderson, Louis Foster, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Austin Clapp, Woodside, Cal., for respondent.

Before STEPHENS, Chief Judge, and ORR and BARNES, Circuit Judges.


BARNES, Circuit Judge.

The Commissioner of Internal Revenue petitions for a review of a decision of the Tax Court of the United States in favor of respondent, Frank W. Babcock (hereinafter called taxpayer).

In October 1945 taxpayer purchased the Elk Metropole Hotel in Los Angeles for $89,600. $19,600 was paid in cash, and a purchase money mortgage for $70,000 was given which had been reduced to a balance due of $57,572.63 on November 9, 1949.

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