Legal Opinion
Brown v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided June 23, 1944No. 10948PublishedCited by 55 opinions
1Opinion of the Court
LEE, Circuit Judge.
This case involves deficiencies in income tax found by the Tax Court to be due by petitioner for the calendar years 1937, 1938, and 1939, respectively. The sole question is whether the net profit to the taxpayer from the sale of lots in the taxable years was capital gain or ordinary income. The applicable statutes and regulations are set forth below.
The taxpayer and her husband owned some 500 acres of unimproved land near a settlement called Woster, about three miles from Baytown, in Harris County, Texas. The land was community property and had been used for grazing cattle.…
2Cases cited12 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
- Ehrman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1941
- Richards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
- Commissioner of Internal Revenue v. BoeingCourt of Appeals for the Ninth Circuit · 1939
7 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
- Louis Greenspon v. Commissioner of Internal Revenue, (Three Cases). Anna Greenspon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
- 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
- Fahs v. CrawfordCourt of Appeals for the Fifth Circuit · 1947
- Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
50 more not listed; retrieve them via the Exa API.