Legal Opinion
Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided July 17, 1958No. 12337_1PublishedCited by 113 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
Was real estate sold by taxpayers in 1951 and 1952 held by them primarily for sale to customers in the ordinary course of business within the meaning of Section 117(a) and (j) of the Internal Revenue Code of 1939, as amended? 1
That is the primary question presented by these petitions for review of the decision of the Tax Court 2 which answered it affirmatively, thereby making gains on the sale of the real estate taxable as ordinary income rather than “capital gains”.
A second issue presented is whether the Tax Court erred in sustaining the Commissioner’s determination…
2Cases cited23 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
- Hort v. CommissionerSupreme Court of the United States · 1941
- MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
- Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
18 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Mendes v. Comm'rUnited States Tax Court · 2003
- Bauschard v. CommissionerUnited States Tax Court · 1959
- Raymond Bauschard v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1960
- Heman v. CommissionerUnited States Tax Court · 1959
- J. D. Abbott and Kathryn Abbott v. Commissioner of Internal Revenue, Carl M. Wolfe and Mary E. Wolfe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
108 more not listed; retrieve them via the Exa API.