Legal Opinion

Miller v. Commissioner

United States Board of Tax Appeals

Decided July 15, 1930No. Docket No. 31389Published

In July, 1922, the petitioner bought an apartment house. At that time he was engaged in practicing law and also in making loans on real estate as a broker. He sold the apartment house in December, 1924, at a profit. Held, the apartment house constituted a capital asset and the profit derived from its sale it taxable as a capital net gain under section 208 of the Revenue Act of 1924.

1Opinion of the Court

PETER A. MILLER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Miller v. Commissioner

Docket No. 31389.

United States Board of Tax Appeals

20 B.T.A. 230; 1930 BTA LEXIS 2172;

July 15, 1930, Promulgated

In July, 1922, the petitioner bought an apartment house. At that time he was engaged in practicing law and also in making loans on real estate as a broker. He sold the apartment house in December, 1924, at a profit. Held, the apartment house constituted a capital asset and the profit derived from its sale it taxable as a capital net gain under section 208 of the Revenue Act of 1924.

R.…

2Cases cited1 opinion

  1. Miller v. CommissionerUnited States Board of Tax Appeals · 1930

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