Legal Opinion

Engelhart v. Commissioner

United States Tax Court

Decided July 31, 1958No. Docket No. 61114Published

Losses -- Sales to Controlled Corporation -- Sec. 24 (b) (1). -- The petitioner made separate purchases of "mixed metal" during 1950. He held the metal first purchased for more than 6 months and the second for less than 6 months. He sold both lots in 1951, that held for more than 6 months at a gain and that held for less than 6 months at a loss. Each sale was to a corporation, more than 50 per cent of the stock of which was owned by the petitioner and his wife.

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Losses -- Sales to Controlled Corporation -- Sec. 24 (b) (1). -- The petitioner made separate purchases of "mixed metal" during 1950. He held the metal first purchased for more than 6 months and the second for less than 6 months. He sold both lots in 1951, that held for more than 6 months at a gain and that held for less than 6 months at a loss. Each sale was to a corporation, more than 50 per cent of the stock of which was owned by the petitioner and his wife. Section 24 (b) (1) applies and the petitioner is not entitled to deduct the loss or to offset it against the gain which exceeded the…

1Opinion of the Court

Frank C. Engelhart and Nina Engelhart, Petitioners, v. Commissioner of Internal Revenue, Respondent

Engelhart v. Commissioner

Docket No. 61114

United States Tax Court

30 T.C. 1013; 1958 U.S. Tax Ct. LEXIS 118;

July 31, 1958, Filed

Decision will be entered for the respondent.

Losses -- Sales to Controlled Corporation -- Sec. 24 (b) (1). -- The petitioner made separate purchases of "mixed metal" during 1950. He held the metal first purchased for more than 6 months and the second for less than 6 months. He sold both lots in 1951, that held for more than 6 months at a gain and that held for less than 6…

2Cases cited11 opinions

  1. Kaplan v. CommissionerUnited States Tax Court · 1953
  2. W. A. Drake, Inc. v. CommissionerUnited States Tax Court · 1944
  3. WA Drake, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Tenth Circuit · 1944
  4. Lakeside Irr. Co. v. Commissioner of Internal Rev.Court of Appeals for the Fifth Circuit · 1942
  5. M. F. Reddington Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942

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