Legal Opinion
United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, Deceased
Court of Appeals for the Fifth Circuit
Decided October 22, 1969No. 26176PublishedCited by 122 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
We must emerge with a solution to the “old, familiar, recurring, vexing and ofttimes elusive” problem described by Judge Brown in Thompson v. Commissioner of Internal Revenue, 5 Cir.1963, 322 F.2d 122, concerning capital gains versus ordinary income arising out of the sale of subdivided real estate. Finding ourselves engulfed in a fog of decisions with gossamer like distinctions, and a quagmire of unworkable, unreliable, and often irrelevant tests, we take the route of ad hoc exploration to find ordinary income.
I
The taxpayer, Guy L. Winthrop 1 was the owner of certain…
2Cases cited23 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Malat v. RiddellSupreme Court of the United States · 1966
- Hort v. CommissionerSupreme Court of the United States · 1941
18 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Chrysler Credit Corporation, a Delaware Corporation v. Charles M. RebhanCourt of Appeals for the Eleventh Circuit · 1988
- Dollie W. HESTER, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1974
- Biedenharn Realty Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1976
- McManus v. CommissionerUnited States Tax Court · 1975
- Howell v. CommissionerUnited States Tax Court · 1972
117 more not listed; retrieve them via the Exa API.