Legal Opinion
Wallace v. United States
District Court, W.D. New York
Decided April 22, 1943No. 1320 APublishedCited by 3 opinions
1Opinion of the Court
KNIGHT, District Judge.
Suit is brought to recover $4,419.35 and interest on account of an alleged over-payment of plaintiff’s federal income tax for 1929.
Two questions are presented for consideration. These will be considered in the order they are stated. (1) Whether the court was empowered to restore the case to the calendar upon motion of the plaintiff; and (2) whether certain profits derived by the plaintiff from the sale of certain corporate stock was taxable as “capital net gain or as ordinary income.” In the instant case the Commissioner taxed such gains as ordinary income.
On the…
2Cases cited19 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
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3Cited by3 opinions
- State of Iowa v. Union Asphalt & Roadoils, Inc.District Court, S.D. Iowa · 1968
- Boomhower v. United StatesDistrict Court, N.D. Iowa · 1947
- Zurich Insur. Co. v. FriedlanderCourt of Appeals of Maryland · 1971