Legal Opinion

Beverly B. Bistline v. United States

Court of Appeals for the Ninth Circuit

Decided August 8, 1958No. 11-73518PublishedCited by 11 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

There is only one question in this case. The trial court held that within a period of two years there had been a series of sales of real estate, which had been given to taxpayer by her father and which had been held primarily for sale to customers in the ordinary course of business, within the meaning of § 117(a) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 117(a) (1), and that the profit realized should be taxed as ordinary income rather than as capital gain.

This is obviously a question of fact, which ordinarily is governed by the findings of the…

2Cases cited1 opinion

Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954

3Cited by11 opinions

Robert E. Austin and Marian H. Austin v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
Parkside, Inc. And Beaconcrest, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1977
Los Angeles Extension Company v. United States of America, Security First National Bank v. United StatesCourt of Appeals for the First Circuit · 1963
United States v. Charles E. And Lois W. RosebrookCourt of Appeals for the Ninth Circuit · 1963
Charles L. Tidwell and Corinne S. Tidwell v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1962

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