Legal Opinion
Gruver v. Commissioner of Internal Revenue
Court of Appeals for the Fourth Circuit
Decided April 11, 1944No. 5213PublishedCited by 36 opinions
1Opinion of the Court
SOPER, Circuit Judge.
The Commissioner of Internal Revenue determined deficiencies in income taxes of a real estate dealer amounting to $2,389.66 for 1939 and $3,581.73 for 1940 and the question is whether certain, profits of the taxpayer’s business were taxable as ordinary income or as capital gains. More specifically the question is whether or not the taxpayer’s property was held by him primarily for sale to customers in the ordinary course of business and on that account excluded from the definition of the term “capital assets” contained in the statute.
Since 1908, the taxpayer, a resident…
2Cases cited22 opinions
- Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
- Helvering v. HammelSupreme Court of the United States · 1941
- United States v. KatzSupreme Court of the United States · 1926
- 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
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
- Battjes v. United StatesCourt of Appeals for the Sixth Circuit · 1949
- Boomhower v. United StatesDistrict Court, N.D. Iowa · 1947
- Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
- Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1944
31 more not listed; retrieve them via the Exa API.