Legal Opinion

Hooper v. Commissioner

United States Board of Tax Appeals

Decided July 29, 1932No. Docket No. 55376PublishedCited by 17 opinions

Held, that the petitioner is not entitled to have the profit from the sale of real estate sold during the taxable year taxed as a "capital net gain."

1Opinion of the Court

opinion.

Thammiíill :

This proceeding is for the redetermination of a deficiency in income tax of $11,148.52 for 1927. The proceeding was submitted on an agreed statement of facts as follows:

1. That the only question involved in the above-entitled proceeding is whether the profit of $95,168.75 realized b'y the taxpayer on the sale in 1927 of certain real estate located in Bedford Hills, New York, is to be taxed as an item of ordinary income or as a capital gain.

2. That said property was sold by the taxpayer on October 10, 1927.

3. That said property was acquired by the taxpayer on October 10,…

2Cases cited6 opinions

  1. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  2. Burnet v. Willingham Loan & Trust Co.Supreme Court of the United States · 1931
  3. Siegelschiffer v. Penn Mut. Life Ins.Court of Appeals for the Second Circuit · 1917
  4. Eliot Nat. Bank v. GillDistrict Court, D. Massachusetts · 1913
  5. In re AnttonenDistrict Court, D. Oregon · 1923

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

3Cited by17 opinions

  1. Fogel v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
  2. Becker v. CommissionerUnited States Tax Court · 1966
  3. Tow v. CommissionerUnited States Tax Court · 1961
  4. Allied Utilities Corp. v. CommissionerUnited States Tax Court · 1975
  5. Rolfs v. CommissionerUnited States Tax Court · 1972

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

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