Legal Opinion

Barclay v. United States

United States Court of Claims

Decided June 12, 1964No. 164-61; No. 165-61PublishedCited by 15 opinions

1Opinion of the CourtWhitaker, Judge

Stated in its simplest terms and omitting some important details, plaintiffs’ claim is that they acquired ownership of the timber on a certain tract of land by virtue of a contract with the Indian Service of the Department of the Interior, and that they disposed of it to a corporation organized by them and of which they were the sole stockholders, except for two qualifying shares, after having held it for more than six months, and that they are thus entitled to treat the gains derived from the disposition of it as capital gains.

The Commissioner of Internal Revenue did not question that the…

2Cases cited18 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  3. G. L. Christian and Associates v. The United StatesUnited States Court of Claims · 1963
  4. The Floyd AcceptancesSupreme Court of the United States · 1869
  5. United States v. Purcell Envelope Co.Supreme Court of the United States · 1919

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3Cited by15 opinions

  1. Rayonier, Incorporated v. F. Arnold PolsonCourt of Appeals for the Ninth Circuit · 1968
  2. Penn-Ohio Steel Corporation v. The United StatesUnited States Court of Claims · 1965
  3. Biltmore Forest Broadcasting Fm, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  4. Cheyenne-Arapaho Tribes of Indians v. United StatesUnited States Court of Claims · 1982
  5. Navajo Tribe of Indians v. United StatesUnited States Court of Claims · 1986

10 more not listed; retrieve them via the Exa API.

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