Legal Opinion

Magee v. Commissioner

United States Tax Court

Decided March 21, 1952No. Docket Nos. 23221, 23222Published

1. Held, breeding turkeys sold in 1945 were not property held primarily for sale to customers in the ordinary course of trade or business. 2. Held, section 324 of the Revenue Act of 1951 does not exclude breeding turkeys sold in 1945 from "property used in the trade or business" as defined by section 117, I. R. C.

1Opinion of the Court

Glenn E. Magee, Petitioner, v. Commissioner of Internal Revenue, Respondent. Phyllis M. Magee, Petitioner, v. Commissioner of Internal Revenue, Respondent

Magee v. Commissioner

Docket Nos. 23221, 23222

United States Tax Court

17 T.C. 1583; 1952 U.S. Tax Ct. LEXIS 242;

March 21, 1952, Promulgated

Decisions will be entered under Rule 50.

1. Held, breeding turkeys sold in 1945 were not property held primarily for sale to customers in the ordinary course of trade or business.

2. Held, section 324 of the Revenue Act of 1951 does not exclude breeding turkeys sold in 1945 from "property used in the trade or…

2Cases cited11 opinions

  1. United States v. Bennett (Two Cases). Finch v. Arnold, Acting Collector of Internal Revenue (Two Cases). Birkbeck v. Thomas. Ritchie v. ThomasCourt of Appeals for the Fifth Circuit · 1951
  2. Albright v. United StatesCourt of Appeals for the Eighth Circuit · 1949
  3. Fawn Lake Ranch Co. v. Comm'rUnited States Tax Court · 1949
  4. Emerson v. CommissionerUnited States Tax Court · 1949
  5. Fox v. CommissionerUnited States Tax Court · 1951

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