AUSTIN v. C. I. R.

No. 16097.

263 F.2d 460 (1959)

Robert E. AUSTIN and Marian H. Austin, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

February 9, 1959.


Attorney(s) appearing for the Case

Robert E. Austin, Wendell H. Davis, Los Angeles, Cal., for petitioners.

Charles K. Rice, Asst. Atty. Gen., Loring W. Post, Lee A. Jackson, Melva M. Graney, C. Guy Tadlock, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.


JERTBERG, Circuit Judge.

This case involves deficiencies in income tax returns of petitioners assessed for the years 1950, 1951 and 1952.

The sole question on this appeal is whether certain real estate (vacant unimproved lots) sold by petitioners during the years above stated was held by petitioners primarily for sale to customers in the ordinary course of petitioners' trade or business.

The Tax Court answered the question in the affirmative, holding...

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