Legal Opinion
Austin v. United States
District Court, S.D. Texas
Decided August 21, 1953No. Civ. 6721PublishedCited by 8 opinions
1Opinion of the Court
CONNALLY, District Judge,
This consolidated action is one to recover income taxes allegedly illegally assessed and collected for the calendar years 1946, 1947 and 1948. 1 It presents two questions, namely, whether certain gains from the sale of real estate should be treated as capital gains, under the terms of Section 117 of Title 26, U.S. C. A., or as ordinary income, and whether certain income properly was taxable to the taxpayer D. T. Austin, or to the estate of his deceased wife Kate Ida Austin, as a separate taxable entity. The facts arise in the following manner.
In 1917, the taxpayer D.…
2Cases cited19 opinions
- Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
- Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
- Farley v. CommissionerUnited States Tax Court · 1946
- 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
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shearer v. SmythDistrict Court, N.D. California · 1953
- William D. Kleine and Wife v. Ann Kleine, and Brown Oil Tools, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1976
- Martin v. United StatesDistrict Court, E.D. Illinois · 1954
- Harchester Realty Corp. v. CommissionerUnited States Tax Court · 1961
- Valldejuli Rodríguez v. Secretario de HaciendaSupreme Court of Puerto Rico · 1963
3 more not listed; retrieve them via the Exa API.