Linehan v. Commissioner
United States Tax Court
Held, payments received by petitioner under three separate contracts for gravel removed from his property did not constitute the purchase price of gravel in place, and was therefore ordinary income when received.
1Opinion of the Court
Wtthey, Judge:
Deficiencies have been determined by respondent against petitioners for the years and in the amounts Which follow:
Year Deficiency
1953_ $268.92
1954- 2,417. 81
1955- 1,978.20
The only issue for decision is whether respondent has erred in treating as ordinary income amounts received by petitioner Charles A. Linehan under certain contracts for the removal of sand and gravel from real property owned by him. Another issue raised by the pleadings was waived by petitioners at the trial.
FINDINGS OF FACT.
Facts which have been stipulated are so found.
The petitioners are Charles A. Linehan…
2Cases cited11 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- Helvering v. HammelSupreme Court of the United States · 1941
- Battjes v. United StatesCourt of Appeals for the Sixth Circuit · 1949
- Iowa v. McFarlandSupreme Court of the United States · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Green v. CommissionerUnited States Tax Court · 1961
- Lesher v. CommissionerUnited States Tax Court · 1979
- Collins v. CommissionerUnited States Tax Court · 1971
- O'Connor v. CommissionerUnited States Tax Court · 1982
- Gitzinger v. United StatesDistrict Court, S.D. Ohio · 1967
11 more not listed; retrieve them via the Exa API.