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TURNER v. C. I. R.

Nos. 75-2137, 75-2138.

540 F.2d 1249 (1976)

Albert W. TURNER and Therese L. Turner, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. Albert W. TURNER and Therese L. Turner, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1976.

Attorney(s) appearing for the Case

John S. Nolan, Washington, D. C. (F. Brook Voght, Miller & Chevalier, Wallace E. Whitmore, Michael William Sacks, Wilkes & Artis, Washington, D. C., on brief), for Albert and Therese Turner.

Leonard J. Henzke, Jr., Atty., Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Jr., and Sharon A. Darling, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief), for C. I. R.

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.

HAYNSWORTH, Chief Judge:

After having owned a farm for a number of years, the taxpayer sold it to a related development company. On his income tax return he claimed the profit as a capital gain, but the Tax Court held it to be ordinary income, concluding, also, that in earlier real estate transactions he had acted as a dealer. On appeal, the taxpayer does not contest the Tax Court's conclusions with respect to the earlier transactions, but he does contend that the...

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