GILMORE v. UNITED STATES

No. 454-57.

180 F.Supp. 354 (1960)

George W. GILMORE and Roberta Gilmore v. UNITED STATES.

United States Court of Claims.

February 3, 1960.


Attorney(s) appearing for the Case

Charles P. Duffy, Portland, Or., for plaintiffs. Fred S. Gilbert, Jr., Washington, D. C., and Carl E. Davidson, Portland, Or., on the briefs.

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


LARAMORE, Judge.

Plaintiffs in this action seek to recover income taxes in the amount of $142,740.75 for the years 1952, 1953, and 1954 on the theory that amounts received by them in these years for logging certain timber were capital gains rather than ordinary income.

The sole question presented is whether the plaintiffs are entitled to the benefits of the capital gains provisions of section 117(k) (1) of the Internal Revenue Code of 1939, 26 U.S.C. §...

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