Legal Opinion

Gilford v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided February 5, 1953No. 22412_1PublishedCited by 40 opinions

1Opinion of the Court

CHASE, Circuit Judge.

The question presented by this appeal is whether a loss from the sale of real estate which the petitioner sustained in 1944 was an ordinary loss and deductible only in that year or a capital loss which could be carried over to later years pursuant to I.R.C. § 117 (a) (11), (e) (1) as amended by § 150(c) of the Revenue Act of 1942, 26 U.S.C.A. § 117(a) (11), (e) (1).

The real estate involved is an improved block front, Nos. 720-734 Third Avenue in the City of New York, consisting of eight buildings on eight pieces of land. The ground floors of all the buildings were rented…

2Cases cited6 opinions

  1. Fackler v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1943
  2. Maloney v. SpencerCourt of Appeals for the Ninth Circuit · 1949
  3. Pinchot v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  4. Higgins v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  5. McClellan v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1941

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

3Cited by40 opinions

  1. Curphey v. CommissionerUnited States Tax Court · 1980
  2. Lorenzo Alvary v. United StatesCourt of Appeals for the Second Circuit · 1962
  3. Harris v. CommissionerUnited States Tax Court · 1974
  4. Demirjian v. CommissionerUnited States Tax Court · 1970
  5. American Can Co. v. CommissionerUnited States Tax Court · 1961

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

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