Legal Opinion
United States v. Landreth
Court of Appeals for the Fifth Circuit
Decided December 4, 1947No. 11965PublishedCited by 10 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal involves income taxes for the years 1939 and 1940. The question presented is whether certain sums received by the taxpayers from their community property constituted ordinary income or gain upon the sale of a capital asset.
After a trial upon the merits, the court below found that the enterprise contemplated by the parties, as evidenced by their contract of April 20, 1937, constituted a joint undertaking both in management and capital invested; that the legal relation created, and intended to be created, by the parties was that of partners, and the undertaking…
2Cases cited7 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Hort v. CommissionerSupreme Court of the United States · 1941
- Reynolds v. McMurrayCourt of Appeals for the Tenth Circuit · 1932
- Levy v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
- Graham Mill & Elevator Co. v. ThomasCourt of Appeals for the Fifth Circuit · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Swiren v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1950
- Haley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
- United States v. ShapiroCourt of Appeals for the Eighth Circuit · 1949
- Commissioner of Internal Revenue v. SmithCourt of Appeals for the Fifth Circuit · 1949
- Ayrton Metal Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
5 more not listed; retrieve them via the Exa API.