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MARTY v. STATE TAX COMMISSION OF MISSOURI

No. 48106.

336 S.W.2d 696 (1960)

Elizabeth N. MARTY, Susan Marty Dexter, Mary Marty Eberhardt, Elizabeth Marty Tait, and Samuel C. Marty, Jr., Appellants, v. STATE TAX COMMISSION OF MISSOURI, James M. Robertson, John A. Williams, and J. Ralph Hutchison, being members of and constituting the State Tax Commission of Missouri; and Milton F. Carpenter, Director of Revenue of the State of Missouri, Respondents.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied July 11, 1960.

Attorney(s) appearing for the Case

Richard S. Righter, Henry W. Fox, William H. Leedy, Kansas City, for appellants.

John M. Dayton, Atty. Gen., Donal D. Guffey, Asst. Atty. Gen., for respondent.

HOLMAN, Commissioner.

On February 28, 1955, plaintiffs sold the Rialto Building which is located on the southwest corner of Ninth Street and Grand Avenue in Kansas City, Missouri. They had owned the building for several years prior to the time it was sold. In their Missouri State Income Tax Partnership Return for the year 1955 plaintiffs classified said building as a "Capital Asset" which had been held for more than six months and hence they took into account only...

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