Legal Opinion
Commissioner of Internal Revenue v. Freihofer
Court of Appeals for the Third Circuit
Decided March 15, 1939No. 6868 to 6871PublishedCited by 32 opinions
1Opinion of the Court
MARIS, Circuit Judge.
These petitions by the Commissioner of Internal Revenue to review four decisions of the Board of Tax Appeals present for our determination a single question. It is this. Is a total loss which is suffered by a land owner as a result of the foreclosure of a mortgage upon his land which had been given by a prior owner, a loss resulting from the sale of a capital asset within the meaning of Section 117 of the Revenue Act of 1934? (26 U.S.C.A. § 101).
In each, of the cases before us the mortgaged property, which was admittedly a capital asset as defined by the act, was sold by…
2Cases cited11 opinions
- Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
- DeGanay v. LedererSupreme Court of the United States · 1919
- Binns v. United StatesSupreme Court of the United States · 1904
- Gay v. RuffSupreme Court of the United States · 1934
- Butler v. ThomsonSupreme Court of the United States · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Helvering v. HammelSupreme Court of the United States · 1941
- The Cappel House Furnishing Company v. United StatesCourt of Appeals for the Sixth Circuit · 1957
- Herder v. HelveringCourt of Appeals for the D.C. Circuit · 1939
- Helvering v. Nebraska Bridge Supply & Lumber Co.Court of Appeals for the Eighth Circuit · 1940
- Commissioner of Internal Revenue v. SpreckelsCourt of Appeals for the Ninth Circuit · 1941
27 more not listed; retrieve them via the Exa API.