Legal Opinion
Max H. Barber v. United States of America, William L. Taylor v. United States
Court of Appeals for the Eighth Circuit
Decided October 8, 1954No. 14981_1PublishedCited by 19 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
Two taxpayers, as partners, made a profit, during the calendar year 1946, on the sale of a capital asset. Each returned his share of the profit, for income-tax. purposes, as a long-term capital gain. The Commissioner assessed a deficiency against each, on the ground that the profit had constituted a short-term capital gain only. 1
Each paid the tax deficiency and thereafter sued, under 28 U.S.C.A. § 1346(a) (1), for refund. The District Court denied recovery, 115 F.Supp. 349, and each has appealed. The cases were heard together in the trial court, and the appeals have…
2Cases cited7 opinions
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Higgins v. SmithSupreme Court of the United States · 1940
- Porter Royalty Pool v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1948
- Kaufmann v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1949
- Palcar Real Estate Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1942
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Given v. CommissionerCourt of Appeals for the Eighth Circuit · 1956
- Herman J. Miller v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
- Blick v. CommissionerUnited States Tax Court · 1958
- Louis D. Blick and Anne Blick v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Henry K. Given v. Commissioner Of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
14 more not listed; retrieve them via the Exa API.