Oliver v. Commissioner of Internal Revenue

The taxpayer seeks a review of deficiencies in income taxes for the years 1938, 1939 and 1940 determined by the Commissioner of Internal Revenue on the ground that gain received by the taxpayer from the sale of lots of ground in Fairfax County, . Virginia, was derived from property held •by him primarily for sale to customers in _ the ordinary course of his trade or business. • If the -gain was derived in this fashion it • constituted ordinary income taxable under Section 22(a) and not a capital gain taxable under Section 117(a) (1) of the Revenue-Act of 1938, 52 Stat. 447, 26 U.S.C.A. Int.…