Legal Opinion

Boyer v. Commissioner

United States Tax Court

Decided May 17, 1972No. Docket Nos. 3708-70, 3709-70, 3742-70Published

1. Brooks, Boyer, and B Investments were the sole and equal shareholders of B Developers, Inc. Brooks and Boyer sold two tracts of land to B Developers, one in 1966 and one in 1968, which were thereafter developed and sold in individual lots as Country Club Meadows tracts I and II.

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1. Brooks, Boyer, and B Investments were the sole and equal shareholders of B Developers, Inc. Brooks and Boyer sold two tracts of land to B Developers, one in 1966 and one in 1968, which were thereafter developed and sold in individual lots as Country Club Meadows tracts I and II. Held, the gain realized by Brooks and Boyer on the sale of tract II of Country Club Meadows to B Developers is taxable as ordinary income rather than capital gain. 2. Additionally, a partnership comprised of Brooks, Boyer, and B Investments leased the Fluhrer office building to B Developers in 1966 for $ 15,000…

1Opinion of the Court

Robert A. Boyer and Marjorie A. Boyer, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Boyer v. Commissioner

Docket Nos. 3708-70, 3709-70, 3742-70

United States Tax Court

58 T.C. 316; 1972 U.S. Tax Ct. LEXIS 121;

May 17, 1972, Filed

Decisions will be entered under Rule 50.

1. Brooks, Boyer, and B Investments were the sole and equal shareholders of B Developers, Inc. Brooks and Boyer sold two tracts of land to B Developers, one in 1966 and one in 1968, which were thereafter developed and sold in individual lots as Country Club Meadows tracts I and II. Held, the gain realized by…

2Cases cited26 opinions

  1. Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
  2. Grenada Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
  3. Commissioner v. First Security Bank of Utah, N. A.Supreme Court of the United States · 1972
  4. Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  5. Ballentine Motor Co., Inc., Ballentine's, and Ballentine Motors, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1963

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