Legal Opinion
Walter F. Tellier and Evelyn H. Tellier v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided February 16, 1965No. 29, Docket 28823PublishedCited by 14 opinions
1Opinion of the Court
HAYS, Circuit Judge.
I
The first issue in this case is whether the profits realized from the sale by the taxpayer (Evelyn H. Tellier is a party only because she and her husband filed a joint return) of certain securities during the years 1952-1956 were taxable as ordinary income rather than as capital gain. The resolution of this issue turns upon whether the securities were held by the taxpayer for sale to customers in the ordinary course of his business of underwriting and selling securities. If they were so held, then under Section 117(a) (1) (A) of the Internal Revenue Code of 1939 (Section…
2Cases cited19 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Powell v. AlabamaSupreme Court of the United States · 1932
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- Kornhauser v. United StatesSupreme Court of the United States · 1928
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commissioner v. TellierSupreme Court of the United States · 1966
- United States v. Richard Becker and Jack EisenCourt of Appeals for the Second Circuit · 1972
- Parker v. CommissionerCourt of Appeals for the Eighth Circuit · 1966
- United States v. John Andreadis A/K/A John Andre and Drug Research CorporationCourt of Appeals for the Second Circuit · 1966
- United States v. MainelloDistrict Court, E.D. New York · 1972
9 more not listed; retrieve them via the Exa API.