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HUXFORD v. UNITED STATES

No. 31077.

441 F.2d 1371 (1971)

W. Harley HUXFORD and Rae Huxford, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Walter D. TAYLOR and Carolyn H. Taylor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1971.

Attorney(s) appearing for the Case

W. A. Gartner, Hugh F. Culverhouse, Culverhouse, Tomlinson, DeCarion & Anderson, Jacksonville, Fla., for appellants.

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Rodger M. Moore, Janet R. Spragens, Attys., Tax Div., Washington, D. C., William H. Stafford, U. S. Atty., Pensacola, Fla., Bennett N. Hollander, Kenneth L. Bross, Attys., Tax Division, Department of Justice, Washington, D. C., of counsel, for appellee.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

The question on appeal is whether the gains from the sale of certain timber by the J. O. Huxford Estate, Inc., a Subchapter S corporation, constitute capital gains or ordinary income for federal income tax purposes. The jury found that at the time of the sale the corporation held the timber primarily for sale to customers in the ordinary course of its trade or business. Accordingly, the trial judge entered judgment for the United States on...

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