APPEAL OF BUSH

Nos. 77-1631, 77-1632.

610 F.2d 426 (1979)

Appeal of Gerson A. BUSH (77-1631), Plaintiff. Mathis R. BUSH and Beatrice S. Bush (77-1632), Plaintiffs-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

December 5, 1979.


Attorney(s) appearing for the Case

Perry Shields, Shields, Rainwater & Dutton, Knoxville, Tenn., for plaintiffs-appellants in both cases.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Tax Division, U. S. Dept. of Justice, Washington, D. C., Stuart E. Seigel, Chief Counsel, Internal Revenue Service, Washington, D. C., Joan I. Oppenheimer, Washington, D. C., for defendant-appellee in both cases.

Robert A. Bernstein, Washington, D. C., for defendant-appellee in 77-1631.

Before CELEBREZZE, BROWN and JONES, Circuit Judges.


ORDER

In this appeal, taxpayers seek reversal of a decision by the Tax Court (T.C. Memo. 1977-75) to the effect that a sale of parcels of real property in Knoxville by them resulted in ordinary income rather than capital gain. More specifically, the Tax Court ruled that, while taxpayers had at one time held this property as rental property, prior to their sale of the property they held the property for sale and that, as a result...

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