POINTER v. C. I. R.

No. 22860.

419 F.2d 213 (1969)

Robert W. POINTER and Maybelle Pointer, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

December 1, 1969.


Attorney(s) appearing for the Case

James A. Larpenteur, Jr. (argued), of Mautz, Souther, Spalding, Kinsey & Williamson, Portland, Or., for appellants.

David E. Carmaclz (argued), Atty., Tax. Div., Lee A. Jackson, Jonathan S. Cohen, Howard M. Koff, Attys., Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, K. Martin Worthy, Counsel, IRS, Washington, D.C., for appellee.

Before HAMLIN and ELY, Circuit Judges, and TAYLOR, District Judge.


FRED M. TAYLOR, District Judge:

This proceeding was instituted to review a decision of the Tax Court holding that gains from the sale of subdivided lots of a tract of land constituted ordinary income to the petitioners rather than long-term capital gains. The Tax Court upheld the deficiency assessments by the Commissioner of Internal Revenue against the petitioners for the taxable years of 1961, 1962, and 1963. The deficiencies assessed resulted entirely from the...

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