Legal Opinion
J. Stewart Mathews and Viola I. Mathews v. Commissioner of Internal Revenue, J. Stewart Mathews v. Commissioner of Internal Revenue, Enue
Court of Appeals for the Sixth Circuit
Decided May 6, 1963No. 14835, 14836PublishedCited by 3 opinions
1Opinion of the Court
ORDER.
On a petition for rehearing of this case, 6 Cir., 315 F.2d 101, affirming the decision of the Tax Court, it is submitted that the Tax Court did not recognize the legal principle of the dual holding capacity; that its findings of fact and conclusions of law reflect a failure to consider individual properties; and that its findings and conclusions do not, in any way, reject the investment possibility of certain properties in controversy.
There is no doubt that real estate dealers may hold property for investment as well as for sale; and that sales of parcels of real property by an…
2Cases cited5 opinions
- Curtis Company (Formerly Curtis Engineering Company) v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956
- Lobello v. DunlapCourt of Appeals for the Fifth Circuit · 1954
- J. Stewart Mathews and Viola I. Mathews v. Commissioner of Internal Revenue, J. Stewart Mathews v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1963
- Ballard Burgher and Wife, Grace Dexter Burgher v. Ellis Campbell, Jr., Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- Jones v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
3Cited by3 opinions
- Lester R. Ackerman and Wife, Edna Del Ackerman v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- The Municipal Bond Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
- BAKER ENTERPRISES v. COMMISSIONERUnited States Tax Court · 1998