Legal Opinion
Lan Jen Chu and Grace Y. P. Chu v. Commissioner of Internal Revenue
Court of Appeals for the First Circuit
Decided November 2, 1973No. 73-1132PublishedCited by 13 opinions
1Opinion of the Court
McENTEE, Circuit Judge.
In this case we are faced with the question of whether the transfer by a taxpayer of a patent application to his controlled corporation may properly be considered the transfer of “property of a character which is subject to the allowance for depreciation” within the meaning of Internal Revenue Code § 1239(b), so as to treat the gain realized from such transaction as ordinary income rather than capital gain. Section 1239 provides in relevant part as follows:
“§ 1239. Gain from sale of certain property between spouses or between an individual and a controlled…
2Cases cited14 opinions
- Brotherhood of Railroad Trainmen v. Baltimore & Ohio RailroadSupreme Court of the United States · 1947
- McClain v. CommissionerSupreme Court of the United States · 1941
- United States v. Curtis L. Parker and Martha ParkerCourt of Appeals for the Fifth Circuit · 1967
- Calvin D. Mitchell and Fay Bond Mitchell v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1962
- Hershey Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1928
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Citizens to Save Spencer County v. United States Environmental Protection Agency, Alabama Power Company, American Petroleum Institute, Sierra Club, Bf Goodrich Company, American Paper Institute, Hoosier Energy Division, Mountain Fuel Supply Company, Montana Power Co., Natural Resources Council of Maine, Pittston Co., Intervenors. Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency Northern Cheyenne Tribe v. United States Environmental Protection Agency, Montana Power Co., Intervenors. Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, Natural Resources Council of Maine, Environmental Defense Fund, Inc. v. Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, the Bf Goodrich Company v. United States Environmental Protection Agency, and Douglas M. Costle, Administrator, Hampton Roads Energy Company v. Douglas M. Costle, Administrator, Environmental Protection Agency, Northern Cheyenne Tribe, Sierra Club, and Friends of the Earth v. United States Environmental Protection Agency, the Montana Power Company v. Environmental Protection Agency and Douglas M. Costle, Administrator, Northern Cheyenne Tribe v. United States Environmental Protection Agency, Pittston Company, Colorado Interstate Gas Co., Ideal Basic Industries, Inc., Intervenors. Niagara Mohawk Power Corporation v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, the Pittston Company v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, American Paper Institute and the National Forest Products Association v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, Manufacturing Chemists Association, Chemical Products Corporation, Dow Chemical Company, Fmc Corporation, Monsanto Company, Ppg Industries, Inc., Rohm and Haas Company, Stauffer Chemical Company, Union Carbide Corporation, Allied Chemical Corporation v. Environmental Protection Agency, Alabama By-Products Corporation v. United States Environmental Protection Agency, Koppers Company, Inc. v. Environmental Protection Agency and Douglas M. Costle, Administrator of Epa, Usm Corporation v. Environmental Protection Agency and Douglas M. Costle, Administrator, EpaCourt of Appeals for the D.C. Circuit · 1979
- Graham v. CommissionerUnited States Tax Court · 1981
- Textron, Inc. v. United StatesCourt of Appeals for the First Circuit · 1977
- The Newspaper Guild v. Edward H. Levi, Attorney GeneralCourt of Appeals for the D.C. Circuit · 1976
- Benjamin I. Davis and Mollie M. (Myrtle S.) Davis v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1974
8 more not listed; retrieve them via the Exa API.