Legal Opinion
Alfred J. Riedel and Louise Riedel v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided December 2, 1958No. 17139_1PublishedCited by 12 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
This petition for review of a decision of the Tax Court presents the much litigated question whether the sale of land by taxpayers was a sale of a capital asset or of property primarily held for sale to customers in the ordinary course of business.
The admitted facts more nearly come within the pattern of Smith v. Dunn, 5 Cir., 224 F.2d 353, decided for the taxpayer, than within the framework of any case deciding differently. As stated by this Court in Galena Oaks Corp. v. Scofield, 5 Cir., 218 F.2d 217, 219, “insofar * * * as the so-called ‘ultimate fact’ is simply the…
2Cases cited5 opinions
- Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
- Arthur W. Smith and Mrs. Arthur W. Smith v. Charles H. Dunn, Formerly Acting Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Lehmann v. AchesonCourt of Appeals for the Third Circuit · 1953
- Home Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
3Cited by12 opinions
- Highland Hills Swimming Club, Inc., a Corporation v. Earl R. Wiseman, District Director Internal RevenueCourt of Appeals for the Tenth Circuit · 1959
- United States v. Harris Leveson, Jr., of $16,833.00Court of Appeals for the Fifth Circuit · 1959
- Boyd Gudgel and Geraldine Gudgel v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1959
- Gounares Bros. & Co., Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- Houston Endowment, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1979
7 more not listed; retrieve them via the Exa API.