POPE & TALBOT, INC. v. C. I. R.

Nos. 73-3043, 73-3076.

515 F.2d 155 (1975)

POPE & TALBOT, INC., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Ninth Circuit.

April 21, 1975.


Attorney(s) appearing for the Case

William H. Kinsey (argued), Portland, Ore., for appellant.

Leonard J. Henzke, Jr. (argued), I. R. S., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before KILKENNY and SNEED, Circuit Judges, and WOLLENBERG, District Judge.


OPINION

PER CURIAM:

This case involves an appeal from the Tax Court, 60 T.C. 74 (1973), and is concerned with the interaction of sections 1201(a) and 631(a), Internal Revenue Code of 1954, as applied to a taxpayer who elected to consider his cutting of timber as a sale or exchange pursuant to section 631(a). The taxable years in question are 1966 and 1967.

Under section 631(a) the cutting of timber by a taxpayer who...

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