Legal Opinion

Dahlen v. Commissioner

United States Tax Court

Decided April 29, 1955No. Docket Nos. 44834, 44835, 44836, 44837, 44857PublishedCited by 3 opinions

Held, under the facts, that the transaction in issue was a sale by petitioners of their interests in a partnership.

1Opinion of the Court

OPINION.

Johnson, Judge:

The difference between the parties under the issue is whether there were sales of partnership interests taxable as capital gain,, as reported by the petitioners, or sales of assets of the business, taxable as ordinary income, as determined by the respondent.2

Respondent first asserts that the agreement of sale was in the form of a sale of assets. We do not so view it.

The contract of sale provided for a specified amount in payment of the “coffee and tea manufacturing business” of the partners, consisting, in general, of all of its tangible and intangible assets, including…

2Cases cited3 opinions

  1. Hatch's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1952
  2. Hatch v. CommissionerUnited States Tax Court · 1950
  3. Kaiser v. GlennDistrict Court, W.D. Kentucky · 1953

3Cited by3 opinions

  1. La Rue v. CommissionerUnited States Tax Court · 1988
  2. Dahlen v. CommissionerUnited States Tax Court · 1955
  3. La Rue v. CommissionerUnited States Tax Court · 1988

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