Legal Opinion

Holman v. Commissioner

Court of Appeals for the Ninth Circuit

Decided November 3, 1977No. Nos. 76-3671, 76-3672PublishedCited by 2 opinions

1Opinion of the Court

SNEED, Circuit Judge:

Francis E. Holman and William M. Holman were partners in a law firm from which, pursuant to the terms of the partnership agreement, they were expelled. As a consequence, again pursuant to the partnership agreement, they received in the taxable years of 1969 and 1970 certain amounts for their interests in the partnership “inventory” which the partnership agreement defined to mean “accounts receivable” and “unbilled services.”

The Holmans argue that these amounts in their entirety are entitled to be taxed as capital gains. The Commissioner insists that these amounts should…

2Cases cited2 opinions

  1. Harold C. & Margaret I. Kean v. Commissioner of Internal Revenue, Inga L. Bardahl v. Commissioner of Internal Revenue, Ole Bardahl v. Commissioner of Internal Revenue, Murdock D. & Mary Ellen MacPherson v. Commissioner of Internal Revenue, William R. & Dorothy L. MacPherson v. Commissioner of Internal Revenue, C. E. Milam & Verda Milam v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1972
  2. Holman v. CommissionerUnited States Tax Court · 1976

3Cited by2 opinions

  1. United States v. Metro Construction Company, Inc.Court of Appeals for the Ninth Circuit · 1979
  2. Francis E. Holman and Eloise F. Holman, His Wife v. Commissioner of Internal Revenue, William M. Holman and Emily L. Holman, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1977

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