Legal Opinion
United States v. G. W. Van Keppel and Elizabeth Van Keppel
Court of Appeals for the Tenth Circuit
Decided August 26, 1963No. 7220PublishedCited by 36 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
This controversy relates to the tax-ability of proceeds from the redemption of corporate stock as ordinary income or as a capital gain. The trial court upheld the taxpayers’ contention that the transaction represented a capital gain. The government, asserting that the amount of gain received was ordinary income, has appealed.
The appellees-taxpayers are husband and wife and reside in Kansas. The husband was in the business of selling, leasing, and servicing road-construction machinery and equipment. In 1945 the husband sold his business to a Missouri corporation,…
2Cases cited5 opinions
- J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
- Morris Miller v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956
- Archbold v. United StatesDistrict Court, D. New Jersey · 1962
- R. M. Klinghamer and Grace v. Klinghamer v. Lynn R. Brodrick, District Director of Internal RevenueCourt of Appeals for the Tenth Circuit · 1957
- Patent Royalties Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
3Cited by36 opinions
- Sperapani v. CommissionerUnited States Tax Court · 1964
- Cary v. CommissionerUnited States Tax Court · 1963
- Lucille Prussner, as of the Estate of Aileen E. Pfeifer v. United StatesCourt of Appeals for the Seventh Circuit · 1990
- Haft Trust v. CommissionerUnited States Tax Court · 1974
- Columbia Iron & Metal Co. v. CommissionerUnited States Tax Court · 1973
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