TROTZ v. C. I. R.

No. 8161.

361 F.2d 927 (1966)

Harry TROTZ and Camille Trotz, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Tenth Circuit.

June 10, 1966.


Attorney(s) appearing for the Case

Leland B. Franks, Albuquerque, N. M., for petitioners.

William A. Friedlander, Attorney, Department of Justice (Richard M. Roberts, Acting Asst. Atty. Gen., and Meyer Rothwacks, Harry Baum, Lee A. Jackson, and David O. Walter, Attorneys, Department of Justice, on the brief), for respondent.

Eugene J. Brenner, San Francisco, Cal. (Janin, Morgan, Brenner & Freeman, San Francisco, Cal., on the brief), amicus curiae.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Petitioners, husband and wife, seek review of a Tax Court decision1 affirming the Commissioner's assessment of an income tax deficiency for the tax years 1958 and 1959. The issue is whether a gain on an instalment sale of depreciable property by taxpayer to Trotz Construction, Inc., is taxable as a long-term capital gain. Section 1239 of the Internal Revenue Code of 19542 provides...

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