Legal Opinion
United States v. Hess
Court of Appeals for the Tenth Circuit
Decided February 16, 1965No. 7797PublishedCited by 29 opinions
1Opinion of the Court
MURRAH, Chief Judge.
In this suit for refund of income taxes for the taxable years 1958 and 1959, the sole issue is whether gain realized by the taxpayers was capital gain as reported under Sections 1221 and 1231 of the Internal Revenue Code, or ordinary income as determined and assessed by the Commissioner.1 The Government has appealed from a judgment on a jury verdict for the taxpayers, contending that the court should have sustained its motion for a directed verdict or judgment n. o. v., and ruled as a matter of law that the reported gain was ordinary income.
To sustain their burden of the…
2Cases cited17 opinions
- Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
- Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
- Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
- Galloway v. United StatesSupreme Court of the United States · 1943
- MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- United States v. Fenix and Scisson, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1966
- W. A. Compton v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- United States v. W. J. Wehrli and Helen B. WehrliCourt of Appeals for the Tenth Circuit · 1968
- Helen Yaich Christopherson v. Kathalene Tibbels HumphreyCourt of Appeals for the Tenth Circuit · 1966
24 more not listed; retrieve them via the Exa API.