Keneipp v. United States

This appeal involves a suit in the District Court to recover an overpayment of federal income taxes. On a prior appeal, 1950, 87 U.S.App.D.C. 242, 184 F.2d 263, the principal question was whether a gain upon a condemnation award was a capital gain. This depended upon whether the property was “used in trade or business” or was “held for the production of income.” 1 We remanded for further proceedings and findings. The District Court took additional evidence and found that part of the property was “used in trade or business,” and the “gain” to be ordinary income. A recomputation upon that basis…