Legal Opinion
Galena Oaks Corporation v. Frank Scofield, Collector of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided December 29, 1954No. 14788PublishedCited by 208 opinions
1Opinion of the Court
RIVES, Circuit Judge.
The question in this case is whether the gain derived from the sale of 102 houses over the period from June, 1946, through August, 1947, should be accorded capital gains treatment under the provision of Section 117(j) of the Internal Revenue Code, reading in pertinent part:
“(1) Definition of property used in the trade or business. For the purposes of this subsection, the term ‘property used in the trade or business’ means property used in the trade or business, of a character which is subject to the allowance for depreciation provided in section 23 (i), held for more than…
2Cases cited15 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Baumgartner v. United StatesSupreme Court of the United States · 1944
- Grace Bros. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949
- United States v. Bennett (Two Cases). Finch v. Arnold, Acting Collector of Internal Revenue (Two Cases). Birkbeck v. Thomas. Ritchie v. ThomasCourt of Appeals for the Fifth Circuit · 1951
- Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
10 more not listed; retrieve them via the Exa API.
3Cited by208 opinions
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- United States v. Ironworkers Local 86Court of Appeals for the Ninth Circuit · 1971
- H. Anita Lincoln, Cross-Appellant v. Board of Regents of the University System of Georgia, and Clyde W. Hall and Evanel R. Terrell, Cross-AppelleesCourt of Appeals for the Eleventh Circuit · 1983
- Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
- United States v. Jacksonville Terminal Co.Court of Appeals for the Fifth Circuit · 1971
203 more not listed; retrieve them via the Exa API.