Legal Opinion

McDonald v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided July 7, 1954No. 22597_1PublishedCited by 36 opinions

1Opinion of the Court

CLARK, Circuit Judge.

This petition for review of a decision of the Tax Court of the United States involves the tax treatment under I.R.C. § 117(j) of the proceeds from sale of cattle from a dairy and breeding herd. From the facts found the following appears.

The taxpayer, James M. McDonald, during 1946 was the owner of a dairy and breeding herd of pure bred Guernsey cattle. It was one of the best herds of Guernsey cattle in the country, a status achieved after some 13 years of careful selective breeding. It was the taxpayer’s practice, after carefully controlling the mating of his animals, to…

2Cases cited11 opinions

  1. Helvering v. GowranSupreme Court of the United States · 1937
  2. United States v. Bennett (Two Cases). Finch v. Arnold, Acting Collector of Internal Revenue (Two Cases). Birkbeck v. Thomas. Ritchie v. ThomasCourt of Appeals for the Fifth Circuit · 1951
  3. Albright v. United StatesCourt of Appeals for the Eighth Circuit · 1949
  4. United States v. PfisterCourt of Appeals for the Eighth Circuit · 1953
  5. Rosenthal v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. CattoSupreme Court of the United States · 1966
  2. United States v. Harold M. Ekberg and Secrie EkbergCourt of Appeals for the Eighth Circuit · 1961
  3. The Municipal Bond Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
  4. Bernard B. Carter (B. B. Carter) and Tommie Velma Carter, Husband and Wife v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
  5. Malone v. United StatesDistrict Court, N.D. Mississippi · 1971

31 more not listed; retrieve them via the Exa API.

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