David Meade Peebles and Mary Crockett Peebles v. Commissioner of Internal Revenue

This is a petition to review a decision of the Tax Court. The question involved is whether gains derived by the taxpayer from the sale of various parcels of real estate in the years 1947, 1948 and 1949 are to be treated as ordinary income or as capital gains. The Tax Court, affirming action by the Commissioner, held that the lands thus sold were held by taxpayer primarily for sale in the ordinary course of business within the meaning of sections 117(a) (1) and 117(j) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 117(a) (1), (j) and that the gains derived from the sale were taxable as…