United States v. Pete Johnson, F. Douglas Mavor, Jane Kendle Mavor, Nelson T. Bruce, and Cleo Bruce

HAMLEY, Circuit Judge.

This action was brought to recover tax deficiencies, assessed and paid, for the year 1948. Judgment was entered for plaintiffs, and the Government appeals.

The single question presented here is whether, in exercising their right to cut certain timber, the taxpayers were cutting timber “for sale,” within the meaning of § 117 (k) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. (1939), § 117 (k) (1). If so, as all concede, taxpayers were entitled to capital gains treatment on the proceeds received from such disposition of the logs. The trial court held that the…