Legal Opinion

Paul T. Vaaler, Individually, and as Special Administrator of the Estate of Thelma T. Vaaler, Deceased v. United States

Court of Appeals for the Eighth Circuit

Decided January 21, 1972No. 71-1134PublishedCited by 23 opinions

1Opinion of the Court

ELMO B. HUNTER, District Judge.

Presented on this appeal is the single question of whether $13,861.20 received by taxpayer-appellant, Paul T. Vaaler, 1 from Sunshine Mutual Insurance Company upon termination of his general agency contract was gain received from the sale of a capital asset or ordinary income. The District Court held it was a capital asset sale, and entered judgment accordingly.

On March 1, 1947, Vaaler entered into a written contract with Sunshine in which he agreed to act as a general agent for Sunshine for approximately seventy-five percent of the State of North Dakota for…

2Cases cited14 opinions

  1. Helvering v. HorstSupreme Court of the United States · 1940
  2. Burnet v. HarmelSupreme Court of the United States · 1932
  3. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  4. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  5. Hort v. CommissionerSupreme Court of the United States · 1941

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

3Cited by23 opinions

  1. Davis v. Comm'rUnited States Tax Court · 2002
  2. Flower v. CommissionerUnited States Tax Court · 1973
  3. Rothstein v. CommissionerUnited States Tax Court · 1988
  4. Trantina v. United StatesCourt of Appeals for the Ninth Circuit · 2008
  5. Warren L. Baker, Jr. And Dorris J. Baker v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 2003

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

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