Tesche v. Commissioner
United States Tax Court
Richard P. Tesche was engaged in the tree nursery business. His operation consisted of sales of shrubs and of cutting tree limbs, known as scion wood, grafting them to rootstock and selling them exclusively to other nurseries.
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Richard P. Tesche was engaged in the tree nursery business. His operation consisted of sales of shrubs and of cutting tree limbs, known as scion wood, grafting them to rootstock and selling them exclusively to other nurseries. The trees from which petitioner obtained scion wood had a productive life of up to 10 years and when no longer productive, they were either destroyed or sold. 1. On failure of proof, held that gains from sales of shrubs were taxable as ordinary income. 2. On the facts, held that petitioner's scion wood trees were held for use in his business and that gains from sales…
1Opinion of the Court
Richard P. Tesche and Martha A. Tesche, Petitioners, v. Commissioner of Internal Revenue, Respondent
Tesche v. Commissioner
Docket No. 72275
United States Tax Court
33 T.C. 122; 1959 U.S. Tax Ct. LEXIS 57;
October 23, 1959, Filed
Decision will be entered under Rule 50.
Richard P. Tesche was engaged in the tree nursery business. His operation consisted of sales of shrubs and of cutting tree limbs, known as scion wood, grafting them to rootstock and selling them exclusively to other nurseries. The trees from which petitioner obtained scion wood had a productive life of up to 10 years and when no…
2Cases cited6 opinions
- MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
- Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
- McDonald v. CommissionerUnited States Tax Court · 1955
- Greene-Haldeman v. CommissionerUnited States Tax Court · 1959
- Hancock v. CommissionerUnited States Tax Court · 1959
1 more not listed; retrieve them via the Exa API.