Legal Opinion

Commissioner of Internal Revenue v. The Pittston Company

Court of Appeals for the Second Circuit

Decided February 11, 1958No. 24531_1PublishedCited by 39 opinions

1Opinion of the Court

SMITH, District Judge.

This is a petition by the Commissioner of Internal Revenue for review of a decision of the Tax Court of the United States reported in 26 T.C. 967, holding *345the taxpayer The Pittston Company entitled to treat the sum of $500,000 received in 1949 as consideration for the termination of an exclusive contract to purchase the output of Russell Fork Coal Company’s leased Pike County coal mines, as long term capital gain, derived from a sale or exchange within the meaning of Section 117(a) (4) of the Internal Revenue Code of 1939. The pertinent sections of the statutes are as…

2Cases cited11 opinions

  1. Commissioner of Internal Revenue v. Golonsky. Commissioner of Internal Revenue v. GoldCourt of Appeals for the Third Circuit · 1952
  2. Jones, Collector of Internal Revenue v. CorbynCourt of Appeals for the Tenth Circuit · 1950
  3. Commissioner of Internal Revenue v. Starr Bros., IncCourt of Appeals for the Second Circuit · 1953
  4. Bingham v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1939
  5. General Artists Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  2. Bisbee-Baldwin Corporation v. Laurie E. Tomlinson, District Director of Internal Revenue for the District of FloridaCourt of Appeals for the Fifth Circuit · 1963
  3. Marc D. Leh and L. Waive Leh v. Commissioner of Internal Revenue, David E. Brown and Christobel H. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1958
  4. Hoover Co. v. CommissionerUnited States Tax Court · 1979
  5. Vickers v. CommissionerUnited States Tax Court · 1983

34 more not listed; retrieve them via the Exa API.

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