Legal Opinion

Lenney v. Commissioner

United States Tax Court

Decided May 18, 1962No. Docket No. 87639Published

The gain realized by petitioner John W. Lenney on the sale and transfer by Lenney on May 12, 1953, was long-term capital gain from the sale of a partnership interest and not ordinary income from the sale and transfer of partnership assets.

1Opinion of the Court

John W. Lenney and Katherine N. Lenney, Petitioners, v. Commissioner of Internal Revenue, Respondent

Lenney v. Commissioner

Docket No. 87639

United States Tax Court

38 T.C. 287; 1962 U.S. Tax Ct. LEXIS 131;

May 18, 1962, Filed

Decision will be entered for the petitioners.

The gain realized by petitioner John W. Lenney on the sale and transfer by Lenney on May 12, 1953, was long-term capital gain from the sale of a partnership interest and not ordinary income from the sale and transfer of partnership assets.

M. B. Kambel, Esq., for the petitioners.

David R. Brennan, Esq., for the respondent.

Arundell,…

2Cases cited10 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  4. Paul W. Trousdale v. Commissioner of Internal Revenue, Marguerite R. Trousdale v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  5. United States v. ShapiroCourt of Appeals for the Eighth Circuit · 1949

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