JERSEY LAND & DEVELOPMENT CORP. v. U. S.

No. 75-2120.

539 F.2d 311 (1976)

JERSEY LAND AND DEVELOPMENT CORPORATION, a New Jersey Corp. v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 29, 1976.


Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, William A. Friedlander, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellant; Jonathan L. Goldstein, U. S. Atty., Newark, N. J., of counsel.

Albert G. Besser, Bernard J. D'Avella, Jr., Hannoch, Weisman, Stern & Besser, Newark, N. J., for appellee.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

The defendant, United States, appeals from an adverse judgment of the district court which held that the plaintiff taxpayer was entitled to treat its gain on the sale of certain industrial real estate as capital gains.

The essential facts as found by the district court are as follows: William J. Bigley, president and sole shareholder of the plaintiff, Jersey Land and Development Corporation ("Jersey Land"...

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