Legal Opinion

Harry P. Gamble, Jr., and Gretchen B. Gamble, Husband and Wife v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided April 22, 1957No. 16106PublishedCited by 44 opinions

1Opinion of the Court

JONES, Circuit Judge.

In this proceeding we review a decision of the Tax Court which affirmed a determination of the respondent, Commissioner of Internal Revenue, holding that profits made by the petitioner, Harry P. Gamble, Jr., from the sales of real estate in the years 1949 and 1950 were not entitled to be treated as capital gains in computing Federal income taxes, but on the contrary, were ordinary income and taxable as such.

The tax returns for the years involved were for Harry P. Gamble, Jr., and Gretchen B. Gamble, his wife, but since Mrs. Gamble was not a participant in the transactions…

2Cases cited22 opinions

  1. Commissioner v. Scottish American Investment Co.Supreme Court of the United States · 1945
  2. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  3. Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
  4. Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
  5. Fahs v. CrawfordCourt of Appeals for the Fifth Circuit · 1947

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

3Cited by44 opinions

  1. Cora Lee EAST, Plaintiff-Appellant, v. ROMINE, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975
  2. United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, DeceasedCourt of Appeals for the Fifth Circuit · 1969
  3. Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  4. Juanita CAUSEY, Plaintiff-Appellant, v. FORD MOTOR COMPANY Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  5. Biedenharn Realty Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1976

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

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