Legal Opinion
Alice E. Cohn, Marion A. Cohn, Daniel E. Cohn, and Edgar M. Cohn v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided October 1, 1955No. 14221PublishedCited by 35 opinions
1Opinion of the Court
LING, District Judge.
This is a review of a decision of the Tax Court, 21 T.C. 90, which sustained the finding of the Commissioner of Internal Revenue that the sale of 69 multiple unit houses by petitioners in 1945 did not constitute a sale of capital assets within the meaning of Section 117(a) (1) and (j)(l) of the Internal Revenue Code, 26 U.S.C.A. § 117(a)(1) and (j) (1) and therefore the gain realized therefrom constituted ordinary income rather than long-term capital gain.
Section 117(a)(1) provides for long-term capital gains treatment for recognized gains upon sale or exchange of…
2Cases cited8 opinions
- MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
- Commissioner of Internal Revenue v. BoeingCourt of Appeals for the Ninth Circuit · 1939
- King v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1951
- Gensinger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Victory Housing No. 2, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
- John Factor v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Curtis Company (Formerly Curtis Engineering Company) v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956
- Harold Wener v. Commissioner of Internal Revenue, Molly Wener v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Consolidated Naval Stores Company v. John L. Fahs, Collector of Internal Revenue in the State of FloridaCourt of Appeals for the Fifth Circuit · 1955
30 more not listed; retrieve them via the Exa API.