Legal Opinion
Suburban Realty Company v. United States
Court of Appeals for the Fifth Circuit
Decided April 7, 1980No. 77-3094PublishedCited by 54 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
We must today answer the riddle at once adumbrated and apparently foreclosed by the false dichotomy created by the United States Supreme Court in Malat v. Riddell, 383 U.S. 569, 572, 86 S.Ct. 1030, 1032, 16 L.Ed.2d 102 (1966) (per curiam): when profits have “aris[en] from the [ordinary] operation of a business” on the one hand and are also “the realization of appreciation in value over a substantial period of time” on the other, are these profits treated as ordinary income or capital gain? Lacking any clear guidance but the language of the capital asset statute 1…
2Cases cited21 opinions
- Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
- Malat v. RiddellSupreme Court of the United States · 1966
- Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
- Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
- United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, DeceasedCourt of Appeals for the Fifth Circuit · 1969
16 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Byram v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Buono v. CommissionerUnited States Tax Court · 1980
- Cathbake Investment Company, Inc. v. Fisk Electric Company, Inc.Court of Appeals for the Eleventh Circuit · 1983
- Billy H. Sanders v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
- Major Realty Corporation and Subsidiaries v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1985
49 more not listed; retrieve them via the Exa API.