Legal Opinion

Fahs v. Crawford

Court of Appeals for the Fifth Circuit

Decided April 25, 1947No. 11664PublishedCited by 89 opinions

1Opinion of the Court

STRUM, District Judge.

The problem here is whether certain profits accruing to the taxpayer during the years 1940 and 1941 should he taxed as ordinary income, as defined in 26 U.S.C.A. Int.Rev. Code, § 22, or as gains from the sale of capital assets, as defined in 26 U.S.C.A. Int. Rev.Code, § 117. Contending that the profits arose from the sale of capital assets, the taxpayer declared and paid on that basis. The Collector, insisting that the profits accrued from the sale of lands held by the taxpayer primarily for sale to customers in the ordinary course of the taxpayer’s trade or business,…

2Cases cited9 opinions

  1. Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
  2. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1944
  3. Greene v. CommissionerCourt of Appeals for the Fifth Circuit · 1944
  4. McFaddin v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1945
  5. United States v. RobinsonCourt of Appeals for the Fifth Circuit · 1942

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

3Cited by89 opinions

  1. Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
  2. Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
  3. Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
  4. Biedenharn Realty Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1976
  5. Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955

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

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