Legal Opinion

Campbell, Collector of Internal Revenue v. Prothro Et Ux

Court of Appeals for the Fifth Circuit

Decided January 6, 1954No. 14411PublishedCited by 42 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

The suit was to recover overpayments of income taxes resulting from (1) the treatment as ordinary income of gain from the sale of breeding animals1 and (2) the inclusion by the commissioner, as ordinary income of plaintiffs for the year 1948, of the fair market value at the date of gift of calves taxpayers had donated to the Wichita Falls Young Men’s Christian Association, and it had sold.

The claim as to item two above was that this treatment by the commissioner was a distortion of plaintiff’s income, was in direct contradiction of the facts, and was in violation of the…

2Cases cited13 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Helvering v. HorstSupreme Court of the United States · 1940
  3. United States v. Joliet & Chicago RailroadSupreme Court of the United States · 1942
  4. Commissioner of Internal Revenue v. First State BankCourt of Appeals for the Fifth Circuit · 1948
  5. Floyd v. Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952

8 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Hillsboro National Bank v. CommissionerSupreme Court of the United States · 1983
  2. Rauenhorst v. Comm'rUnited States Tax Court · 2002
  3. Lawrence B. Sheppard and Charlotte N. Sheppard v. The United StatesUnited States Court of Claims · 1966
  4. Humacid Co. v. CommissionerUnited States Tax Court · 1964
  5. Walter R. Carrington and Ada Raye Carrington v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1973

37 more not listed; retrieve them via the Exa API.

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