Winnick v. Commissioner
United States Tax Court
Internal Revenue Code Section 117 (j) -- Residential Properties Rented Upon Construction in 1943 and 1944 and Sold in 1945 and 1946. -- A partnership in which petitioners were members constructed 52 houses in 1943 and 1944 and rented them to defense workers pursuant to agreement with governmental authorities. At the same time and in 1946, additional houses were constructed for immediate sale and were sold. In 1945 and 1946, 51 of the 52 rental properties were sold.
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Internal Revenue Code Section 117 (j) -- Residential Properties Rented Upon Construction in 1943 and 1944 and Sold in 1945 and 1946. -- A partnership in which petitioners were members constructed 52 houses in 1943 and 1944 and rented them to defense workers pursuant to agreement with governmental authorities. At the same time and in 1946, additional houses were constructed for immediate sale and were sold. In 1945 and 1946, 51 of the 52 rental properties were sold. Held, that in 1945 and 1946 the 51 houses sold were held for sale to customers in the ordinary course of business and the gains…
1Opinion of the Court
OPINION.
Arttndell, Judge:
We are here concerned with the sales in 1945 and 1946 of 51 of the 52 houses that were built in 1943 and 1944 as rental houses and were rented for a time to defense workers in the Detroit area.
The petitioners take the position that the rental properties were not held primarily for sale to customers in the ordinary course of trade or business but, rather, property used in their trade or business and that the gains on the sales are to be treated as capital gains under the provisions of section 117 (j) of the Internal Revenue Code. The respondent has determined that…
2Cases cited4 opinions
- Richards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
- Boomhower v. United StatesDistrict Court, N.D. Iowa · 1947
- Rubino v. CommissionerCourt of Appeals for the Ninth Circuit · 1951
- McGah v. CommissionerUnited States Tax Court · 1950
3Cited by23 opinions
- Robert B. Gotfredson and Charlotte B. Gotfredson v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
- McGah v. CommissionerUnited States Tax Court · 1952
- Victory Housing, Inc. v. CommissionerUnited States Tax Court · 1952
- Albert Winnick v. Commissioner of Internal Revenue, Ida Winnick v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1952
- Berberovich v. MenningerDistrict Court, E.D. Michigan · 1957
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