Legal Opinion

Philber Equip. Corp. v. Comm'r

United States Tax Court

Decided October 24, 1955No. Docket No. 50634Published

Held, on the facts, sales of used motor vehicles by petitioner through its agent were sales of property held by petitioner primarily for sale to customers in the ordinary course of petitioner's trade or business, and gains from such sales are taxable as ordinary income. Sec. 117 (j) (1) (B), I. R. C. 1939.

1Opinion of the Court

Philber Equipment Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Philber Equip. Corp. v. Comm'r

Docket No. 50634

United States Tax Court

25 T.C. 88; 1955 U.S. Tax Ct. LEXIS 70;

October 24, 1955, Filed

Decision will be entered for the respondent.

Held, on the facts, sales of used motor vehicles by petitioner through its agent were sales of property held by petitioner primarily for sale to customers in the ordinary course of petitioner's trade or business, and gains from such sales are taxable as ordinary income. Sec. 117 (j) (1) (B), I. R. C. 1939.

George F. Shinehouse, Jr.,…

2Cases cited12 opinions

  1. MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
  2. Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
  3. Mauldin v. CommissionerUnited States Tax Court · 1951
  4. Stern Bros. & Co. v. CommissionerUnited States Tax Court · 1951
  5. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1944

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