Legal Opinion
Peggy Hudson Ogilvie, Admx. v. Commissioner of Internal Revenue, Hillsman Taylor v. Commissioner of Internal Revenue
Court of Appeals for the Sixth Circuit
Decided October 20, 1954No. 12111-12112_1PublishedCited by 16 opinions
1Per curiam
This cause was heard upon the record, briefs and argument of counsel for the respective parties;
And the Court being of the opinion that the receipt by the petitioners in May 1945 of $21,150 in cash from the judgment debtor Cole “in full settlement” of the $75,702.12 judgment against him, which petitioners had purchased in June 1943 from the judgment creditor for $11,004, was not a “sale or exchange of a capital asset” within the meaning of Section 117(a) (4), Internal Revenue Code, 26 U.S.C.A.; United States v. Bur rows Bros. Co., 6 Cir., 133 F.2d 772; Wenger v. Commissioner, 42 B.T.A. 225,…
2Cases cited9 opinions
- Fairbanks v. United StatesSupreme Court of the United States · 1939
- Helvering v. William Flaccus Oak Leather Co.Supreme Court of the United States · 1941
- Hale v. HelveringCourt of Appeals for the D.C. Circuit · 1936
- Commissioner of Internal Revenue v. Starr Bros., IncCourt of Appeals for the Second Circuit · 1953
- Commissioner of Internal Revenue v. McCue Bros. & Drummond, IncCourt of Appeals for the Second Circuit · 1954
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Harold Wener v. Commissioner of Internal Revenue, Molly Wener v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Christine L. Pounds as Independent of the Estate of Horace E. Pounds and Christine L. Pounds v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Nahey v. CommissionerUnited States Tax Court · 1998
- Brian L. Nahey and Carol J. Nahey v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 2000
- Gladden v. Comm'rUnited States Tax Court · 1999
11 more not listed; retrieve them via the Exa API.