Legal Opinion
512 W. FIFTY-SIXTH ST. CORP. v. Commissioner of Int. Rev.
Court of Appeals for the Second Circuit
Decided November 15, 1945No. 49PublishedCited by 13 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The petitioner seeks to review an order of the Tax Court, assessing against it a deficiency in income tax and excess profits tax for the year 1939. The case turns upon whether a gain on one parcel of real property, and a loss upon another, shall be classed as capital gains or losses, or as items of ordinary income: the taxpayer’s only concern being that they shall both be put in the same class. The Commissioner and the Tax Court held that the gain on the first parcel should be classed as ordinary income, and all but a small part of the loss on the second as capital…
2Cases cited12 opinions
- Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
- Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
- Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
- Harriss v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
- Gruver v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1944
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
- Boomhower v. United StatesDistrict Court, N.D. Iowa · 1947
- Howell v. CommissionerUnited States Tax Court · 1972
- Vreeland v. CommissionerUnited States Tax Court · 1958
- Beck v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Seventh Circuit · 1950
8 more not listed; retrieve them via the Exa API.