COMMISSIONER OF INTERNAL REVENUE v. SMITH

No. 22227.

397 F.2d 804 (1968)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Hulet P. SMITH and Loma M. Smith, Respondents.

United States Court of Appeals Ninth Circuit.

July 5, 1968.


Attorney(s) appearing for the Case

Edward Lee Rogers (argued), Lee A. Jackson, Thomas Silk, Attys., Dept. of Justice, Mitchell Rogovin, Asst. Atty. Gen., Tax Div., Dept. of Justice, Lester R. Uretz, Chief Counsel, Internal Revenue Service, Washington, D. C., for petitioner.

Dana C. Smith (argued), Pasadena, Cal., for respondents.

Before CHAMBERS and ELY, Circuit Judges, and BYRNE, District Judge.


PER CURIAM:

The taxpayers, husband and wife, owned a home in Arcadia, California. They acquired a new home a few hundred miles away and moved to it, never intending again to use the Arcadia property as a residence. It was put up for sale, and the Tax Court found that the taxpayers, during the period of time from when they vacated the home until its eventual sale, held it "for the production of income" within the meaning of sections 167(a) (2) and 212(2) of the Internal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases