Legal Opinion

McDonald v. Commissioner

United States Tax Court

Decided March 23, 1955No. Docket No. 23887Published

Petitioner, owner of a dairy and breeding herd, sustained a loss on its operation during each of the years 1942 to 1946, inclusive. Petitioner sold certain cattle from the herd in 1946 on which he realized capital gains.

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Petitioner, owner of a dairy and breeding herd, sustained a loss on its operation during each of the years 1942 to 1946, inclusive. Petitioner sold certain cattle from the herd in 1946 on which he realized capital gains. Respondent determined that only one-half of such capital gains is includible in petitioner's gross income from his dairy and breeding herd, and that petitioner's net income must be recomputed for the year 1946 pursuant to section 130 of the Internal Revenue Code of 1939 to limit the deductible losses from such business to $ 50,000 for that year. The respondent concedes that…

1Opinion of the Court

James M. McDonald, Petitioner, v. Commissioner of Internal Revenue, Respondent

McDonald v. Commissioner

Docket No. 23887

United States Tax Court

23 T.C. 1052; 1955 U.S. Tax Ct. LEXIS 220;

March 23, 1955, Filed

Decision will be entered under Rule 50.

Petitioner, owner of a dairy and breeding herd, sustained a loss on its operation during each of the years 1942 to 1946, inclusive. Petitioner sold certain cattle from the herd in 1946 on which he realized capital gains. Respondent determined that only one-half of such capital gains is includible in petitioner's gross income from his dairy and breeding…

2Cases cited6 opinions

  1. McDonald v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
  2. United States v. BenedictSupreme Court of the United States · 1950
  3. American Found. Co. v. CommissionerUnited States Tax Court · 1943
  4. Commissioner of Internal Revenue v. Central Hanover Bank & Trust Co.Court of Appeals for the Second Circuit · 1947
  5. Benedict v. United StatesUnited States Court of Claims · 1949

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