Legal Opinion

Louis L. Gowans and Helen T. Gowans, Husband and Wife v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided June 17, 1957No. 15247_1PublishedCited by 36 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

This matter is before us on a taxpayer’s petition to review a decision of the Tax Court of the United States. In that decision, the tax court upheld a $9,561.30 income tax deficiency determination by the Commissioner of Internal Revenue, covering the calendar years 1948,1949, and 1950.

The prime question presented is whether the net proceeds from a certain transaction involving removal of sand from the taxpayers’ property were ordinary income or capital gain. The taxpayers regarded the proceeds as capital gain, and so reported them in their income tax returns for those…

2Cases cited10 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Palmer v. BenderSupreme Court of the United States · 1932
  3. Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
  4. Helvering v. Elbe Oil Land Development Co.Supreme Court of the United States · 1938
  5. Crowell Land and Mineral Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957

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

3Cited by36 opinions

  1. Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  2. Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975
  3. Arthur S. Barker and Alberta C. Barker v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  4. Earl Vest and Fay Vest, Petitioners-Appellees-Cross v. Commissioner of Internal Revenue, Respondent-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
  5. Walter R. Laudenslager and Marguerite Laudenslager v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1962

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

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