Legal Opinion
MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)
Court of Appeals for the Tenth Circuit
Decided March 19, 1952No. 4367_1PublishedCited by 143 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
This is an appeal from a decision of the Tax Court, holding that certain lots sold by-petitioners during the taxable years 1944 and 1945, where “property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business” within the exclusionary clause of Section 117(a) (1) of the Internal Revenue Code, 26 U.S.C.A. § 117(a) (1). If the gain from the sale of these lots was derived in this manner, it constituted ordinary income taxable under Section 22(a), and not a capital gain taxable under Section 117(a) (1). Petitioners, residents of…
2Cases cited9 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
- Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
- 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
4 more not listed; retrieve them via the Exa API.
3Cited by143 opinions
- Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
- Bauschard v. CommissionerUnited States Tax Court · 1959
- Eline Realty Co. v. CommissionerUnited States Tax Court · 1960
- Bynum v. CommissionerUnited States Tax Court · 1966
- Estate of Finder v. CommissionerUnited States Tax Court · 1961
138 more not listed; retrieve them via the Exa API.