RIDGEWOOD LAND COMPANY, INC. v. C. I. R.

No. 72-2949.

477 F.2d 135 (1973)

RIDGEWOOD LAND COMPANY, INC., Petitioner-Appellee-Cross Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 1973.


Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Div., U. S. Dept. of Justice, Lee H. Henkel, Jr., Chief Counsel, Raymond W. Sifly, Atty., Internal Revenue Service, Robert S. Watkins, Dept. of Justice, Tax Div., Washington, D. C., for appellant.

Charles L. Brocato, Hugh C. Montgomery, Jackson, Miss., for appellee.

Before WISDOM, GEWIN and COLEMAN, Circuit Judges.


PER CURIAM:

This case is here on briefs and oral argument in the appeal of the Commissioner of Internal Revenue from a decision of the Tax Court of the United States, filed January 19, 1972.

The issue is whether, under the particular facts of the case, profits realized on 80.90 acres of land sold under direct threat of condemnation for public purposes are due to be taxed as ordinary income rather than as long-term capital gains.

The Tax Court...

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