Legal Opinion
United States v. Bennett (Two Cases). Finch v. Arnold, Acting Collector of Internal Revenue (Two Cases). Birkbeck v. Thomas. Ritchie v. Thomas
Court of Appeals for the Fifth Circuit
Decided January 8, 1951No. 13327_1PublishedCited by 85 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
Concerned with the application of Sec. 117(j), 26 U.S.C.A. to sales of draft and work animals and of cows and bulls culled from their breeding herds, these appeals are from judgments in suits by cattle breeders for refunds of income taxes overpaid by them in the Ritchie and' Bennett cases for the years 1942 and 1943, and in the Finch case for the years 1947 and 1948.
Specifically the question presented by each appeal is whether, as contended by the collector, the gains from such sales were ordinary income, or, as contended by the taxpayer, were capital gains under the…
2Cases cited5 opinions
- Albright v. United StatesCourt of Appeals for the Eighth Circuit · 1949
- Fleming v. AH Belo CorporationCourt of Appeals for the Fifth Circuit · 1941
- Fawn Lake Ranch Co. v. Comm'rUnited States Tax Court · 1949
- Emerson v. CommissionerUnited States Tax Court · 1949
- Delsing v. United StatesCourt of Appeals for the Fifth Circuit · 1951
3Cited by85 opinions
- Malat v. RiddellSupreme Court of the United States · 1966
- United States v. Jefferson County Board of EducationCourt of Appeals for the Fifth Circuit · 1966
- Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
- Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
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