Legal Opinion

Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided June 30, 1955No. 15368PublishedCited by 97 opinions

1Opinion of the Court

CAMERON, Circuit Judge.

Income taxes for the years 1949 and 1950 are in dispute here, and the particular question is whether gain realized during those years on the sale of fifty-one subdivided lots is taxable as long term capital or ordinary gain. The case was tried before judge and jury, and each party moved for a directed verdict. The district court sustained the motion of the defendant collector and directed the jury to find a verdict for him. The appeal is from the judgment entered on that verdict.

Appellants, taxpayers, on joint federal income tax returns, reported income from the sale of…

2Cases cited15 opinions

  1. Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
  2. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  3. Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
  4. Fahs v. CrawfordCourt of Appeals for the Fifth Circuit · 1947
  5. Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950

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3Cited by97 opinions

  1. United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, DeceasedCourt of Appeals for the Fifth Circuit · 1969
  2. Louis Greenspon v. Commissioner of Internal Revenue, (Three Cases). Anna Greenspon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
  3. Biedenharn Realty Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1976
  4. Bynum v. CommissionerUnited States Tax Court · 1966
  5. Fritz Thompson and Dora M. Thompson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963

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