Legal Opinion
Estate of Luke J. Barrios, Deceased and Sallie F. Barrios, Surviving Wife v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided April 8, 1959No. 17263PublishedCited by 31 opinions
1Opinion of the Court
CAMERON, Circuit Judge.
The question upon which this petition for review of the decision of the Tax Court will be decided is thus stated by the respondent Commissioner: “Whether the Tax Court erred in holding that the real estate lots sold by taxpayer in 1951, 1952, and 1953 were held primarily for sale to customers in the ordinary course of taxpayers’ trade or business within the meaning of Section 117(a) and (j) of the 1939 Code [26 U.S.C.A. § 117(a, j)], and accordingly that the profits were taxable as ordinary income rather than as capital gain.”
The taxpayer 1 filed her tax returns…
2Cases cited8 opinions
- Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Julian E. Ross and Gertrude A. Ross v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Consolidated Naval Stores Company v. John L. Fahs, Collector of Internal Revenue in the State of FloridaCourt of Appeals for the Fifth Circuit · 1955
- Robert Thomas and Susan B. Thomas v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, DeceasedCourt of Appeals for the Fifth Circuit · 1969
- Biedenharn Realty Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1976
- Fritz Thompson and Dora M. Thompson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1963
- Buono v. CommissionerUnited States Tax Court · 1980
- W. C. Wood and Altamae Wood v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
26 more not listed; retrieve them via the Exa API.