Legal Opinion

Albright v. United States

Court of Appeals for the Eighth Circuit

Decided March 10, 1949No. 13784PublishedCited by 70 opinions

1Opinion of the Court

RIDDICK, Circuit Judge.

The question on this appeal is whether profits realized from sales of livestock from a dairy herd maintained for the production and sale of dairy products and from sales of a breeding herd maintained for the production and sale of livestock constitute ordinary income or are to be treated as capital gains under section 117 (j) (1) of the Internal Revenue Code, 26 U.S.C.A., § 117.1

The taxpayer • is a farmer whose principal income is derived from the sale' of dairy products and hogs.

*341In his dairy operations the taxpayer maintains a herd of 36 dairy cattle, of which an…

2Cases cited6 opinions

  1. Brewster v. GageSupreme Court of the United States · 1930
  2. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  3. White v. Winchester Country ClubSupreme Court of the United States · 1942
  4. Hazard v. CommissionerUnited States Tax Court · 1946
  5. Douglas v. EdwardsCourt of Appeals for the Second Circuit · 1924

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3Cited by70 opinions

  1. United States v. CattoSupreme Court of the United States · 1966
  2. SoRelle v. CommissionerUnited States Tax Court · 1954
  3. United States v. Bennett (Two Cases). Finch v. Arnold, Acting Collector of Internal Revenue (Two Cases). Birkbeck v. Thomas. Ritchie v. ThomasCourt of Appeals for the Fifth Circuit · 1951
  4. Thomas W. Banks v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
  5. Frank Scofield, Collector of Internal Revenue v. A. J. Lewis and Grace M. LewisCourt of Appeals for the Fifth Circuit · 1958

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