Legal Opinion

Lansing v. Commissioner

United States Tax Court

Decided March 30, 1964No. Docket No. 2013-62Unpublished

For the calendar years 1955, 1956, and 1957 petitioners reported certain conceded gains from three tracts of timber (Travers, Section 33, and Wilson) as long-term capital gain. The respondent determined that the gains were ordinary income.

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For the calendar years 1955, 1956, and 1957 petitioners reported certain conceded gains from three tracts of timber (Travers, Section 33, and Wilson) as long-term capital gain. The respondent determined that the gains were ordinary income. As to the Travers tract, it is held that petitioner Dean Lansing had contract rights to cut and the right to sell the timber cut under the contract on his own account for a period of more than 6 months before the beginning of each year and that petitioners are, therefore, entitled to the benefits of section 631(a), I.R.C. 1954. Volney L. Pinkerton, 28 T.C.…

1Opinion of the Court

Dean Lansing and Virginia L. Barba, Formerly Known as Virginia Lansing v. Commissioner.

Lansing v. Commissioner

Docket No. 2013-62.

United States Tax Court

T.C. Memo 1964-82; 1964 Tax Ct. Memo LEXIS 253; 23 T.C.M. (CCH) 498; T.C.M. (RIA) 64082;

March 30, 1964

For the calendar years 1955, 1956, and 1957 petitioners reported certain conceded gains from three tracts of timber (Travers, Section 33, and Wilson) as long-term capital gain. The respondent determined that the gains were ordinary income. As to the Travers tract, it is held that petitioner Dean Lansing had contract rights to cut and the right…

2Cases cited6 opinions

  1. Carlen v. CommissionerUnited States Tax Court · 1953
  2. United States v. Pete Johnson, F. Douglas Mavor, Jane Kendle Mavor, Nelson T. Bruce, and Cleo BruceCourt of Appeals for the Ninth Circuit · 1958
  3. Pinkerton v. CommissionerUnited States Tax Court · 1957
  4. Gilmore v. United StatesUnited States Court of Claims · 1960
  5. Ellison v. FrankCourt of Appeals for the Ninth Circuit · 1957

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