C. I. R. v. BAERTSCHI

No. 18994.

412 F.2d 494 (1969)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. E. F. BAERTSCHI and Alma M. Baertschi, Respondents.

United States Court of Appeals Sixth Circuit.

June 12, 1969.


Attorney(s) appearing for the Case

Chester C. Davenport, Jr., Department of Justice, Washington, D. C., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Department of Justice, Washington, D. C., on brief, for petitioner.

Justice G. Johnson, Jr., Toledo, Ohio, Marshall, Melhorn, Bloch & Belt, James F. Kennedy, Jr., Toledo, Ohio, on brief, for respondents.

Before EDWARDS and CELEBREZZE, Circuit Judges, and GORDON, District Judge.


EDWARDS, Circuit Judge.

The Commissioner of Internal Revenue appeals from a split decision of the Tax Court where the majority held in favor of the taxpayers.

The question presented in this case concerns when a "sale" of a home is final for purposes of the nonrecognition of capital gain authorized by the Int. Rev. Code of 1954, § 1034.

In pertinent part the statute provides:

"§ 1034. Sale or exchange of residence

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