Legal Opinion
United States v. Charles E. And Lois W. Rosebrook
Court of Appeals for the Ninth Circuit
Decided May 24, 1963No. 17387PublishedCited by 20 opinions
1Opinion of the Court
SOLOMON, District Judge.
The Government appeals from a District Court judgment which allowed taxpayer Lois Rosebrook 1 in her tax refund case, capital gains treatment on the sale of her one per cent interest in an 884-aere tract of land on the San Francisco peninsula.
The Court found that the Taxpayer did not hold her interest in such lands “for sale to customers in the ordinary course of trade or business” and that her interest was therefore not excludable from classification as a “capital asset” within the meaning of § 1221 of the Internal Revenue Code of 1954. 2
The Government in this appeal…
2Cases cited5 opinions
- Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
- Robert E. Austin and Marian H. Austin v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- Beverly B. Bistline v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- Rosebrook v. United StatesDistrict Court, N.D. California · 1960
- United States v. John B. Beard and Helen B. BeardCourt of Appeals for the Ninth Circuit · 1958
3Cited by20 opinions
- Podell v. CommissionerUnited States Tax Court · 1970
- Estate of Freeland v. CommissionerCourt of Appeals for the Ninth Circuit · 1968
- Robert A. Riddell v. Leon W. ScalesCourt of Appeals for the Ninth Circuit · 1969
- Grove v. Commissioners of Internal RevenueUnited States Tax Court · 1970
- Barham v. United StatesDistrict Court, M.D. Georgia · 1969
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