Legal Opinion
Harry Rosen and Rose Rosen v. United States
Court of Appeals for the Third Circuit
Decided March 24, 1961No. 13351PublishedCited by 40 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
This is the third time that a United States Court of Appeals has been required to decide whether increment yielded by an “Investment Contract” of Investors Syndicate is taxable as long term capital gain or as ordinary income. In 1944 the Court of Appeals for the Sixth Circuit held that such increment was taxable as long term capital gain. Commissioner of Internal Revenue v. Caulkins, 144 F.2d 482. In 1959 the Court of Appeals for the Ninth Circuit refused to follow the Caulkins decision and held that gain accrued under such a contract was a type of interest taxable as…
2Cases cited13 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Fisher v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
- Commissioner of Internal Revenue v. CaulkinsCourt of Appeals for the Sixth Circuit · 1944
- Commissioner of Internal Revenue v. J. I. Morgan and Frances MorganCourt of Appeals for the Ninth Circuit · 1959
- Watson v. CommissionerUnited States Board of Tax Appeals · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
- United States v. Midland-Ross Corp.Supreme Court of the United States · 1965
- Simon Jaglom and Marie Jaglom v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
- Rosenberg v. RosenbergCourt of Special Appeals of Maryland · 1985
- Estate of Stahl v. Comm'rUnited States Tax Court · 1969
35 more not listed; retrieve them via the Exa API.