Legal Opinion

McGah v. Commissioner

United States Tax Court

Decided March 11, 1952No. Docket Nos. 20772, 20773, 20774, 20775PublishedCited by 12 opinions

Upon the facts, held, that a partnership in which the petitioners were members during 1944 sold houses during the fiscal year ended October 31, 1944, which were held primarily for sale to customers in the ordinary course of the business of the partnership and that the gains realized were ordinary and not capital gains. (Modification of Findings of Fact reported at 15 T. C. 69.)

1Opinion of the Court

SUPPLEMENTAL OPINION.

HaRRon, Judge:

We adhere to the reasons stated in our Opinion (15 T. C. 69) in this proceeding which led us to conclude that the dwelling units in question which were sold during the taxable year were held primarily for sale to customers in the ordinary course of the partnership’s business. However, it may be well to point out that the facts in this proceeding are substantially the same as the facts in the proceeding of Louis Rubino, Docket Nos. 16667,16668, which was decided by this Court under an unpublished Memorandum Findings of Fact and Opinion which was entered on…

2Cases cited4 opinions

  1. Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
  2. Rubino v. CommissionerCourt of Appeals for the Ninth Circuit · 1951
  3. Winnick v. CommissionerUnited States Tax Court · 1951
  4. McGah v. CommissionerUnited States Tax Court · 1950

3Cited by12 opinions

  1. Crabtree v. CommissionerUnited States Tax Court · 1953
  2. Girard Trust Corn Exchange Bank v. CommissionerUnited States Tax Court · 1954
  3. Crabtree v. CommissionerUnited States Tax Court · 1953
  4. Crabtree v. CommissionerUnited States Tax Court · 1953
  5. Eckstrom v. CommissionerUnited States Tax Court · 1953

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