Legal Opinion
The Hartman Tobacco Company v. United States
Court of Appeals for the Second Circuit
Decided January 10, 1973No. 123, Docket 72-1512PublishedCited by 14 opinions
1Opinion of the Court
HAYS, Circuit Judge:
This is an appeal from a judgment of the United States District Court for the District of Connecticut holding that the taxpayer, Hartman Tobacco Co., was entitled to capital gains treatment on a transfer by the taxpayer of the right to remove sand and gravel from its land in consideration for a fixed price per cubic yard removed together with a minimum guaranteed payment. Appellants argue that although the agreement was cast as a sale, the taxpayer retained an economic interest in the property, and consequently, the income from the transfer should be taxed as ordinary…
2Cases cited11 opinions
- Palmer v. BenderSupreme Court of the United States · 1932
- Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Arthur S. Barker and Alberta C. Barker v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Charles A. Linehan v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1961
- James A. Rutledge and Mattie L. Rutledge v. United StatesCourt of Appeals for the Fifth Circuit · 1970
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975
- Stieberger v. HecklerDistrict Court, S.D. New York · 1985
- Gammill v. CommissionerUnited States Tax Court · 1974
- Of Course, Inc., (Formerly: The Isaac Hamburger & Sons Company), a Maryland Corporation in Dissolution v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1974
- Lesher v. CommissionerUnited States Tax Court · 1979
9 more not listed; retrieve them via the Exa API.