YARA ENGINEERING CORPORATION v. C. I. R.

No. 14892.

344 F.2d 113 (1965)

YARA ENGINEERING CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided April 15, 1965.


Attorney(s) appearing for the Case

Charles Goodwin, Jr., Shearman & Sterling, New York City (William J. Geen, New York City, on the brief), for petitioner.

Fred R. Becker, Department of Justice, Tax Division, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before GANEY, SMITH and FREEDMAN, Circuit Judges.


PER CURIAM.

In this petition for review the basic facts are not in dispute. However, the taxpayer seeks to reverse the Tax Court's holding that fourteen out of sixteen parcels of real estate were held by it primarily for the sale to customers in the ordinary course of its trade or business, rather than, as it contended, as capital assets, within the meaning of § 1221(1) of the 1954 Internal Revenue Code, 26 U.S.C. &...

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