Legal Opinion

Lenney v. Commissioner

United States Tax Court

Decided May 18, 1962No. Docket No. 87639PublishedCited by 1 opinion

The gain realized by petitioner John W. Lenney on the sale and transfer by Lenney on May 12, 1953, was long-term capital gain from the sale of a partnership interest and not ordinary income from the sale and transfer of partnership assets.

1Opinion of the Court

OPINION.

Arundell, Judge:

Respondent determined a deficiency in income tax for the calendar year 1953 in the amount of $34,525.87.

Petitioners assign as error the following:

In determining the tax liability of petitioners for the calendar year 1953, the Commissioner erroneously converted a long-term capital gain realized from the sale by petitioners of a partnership interest, to ordinary income from the subject partnership.

The facts were stipulated and are so found.

Petitioners are husband and wife, residing in Riverside County, California. They filed a joint Federal income tax return for the…

2Cases cited9 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  4. Paul W. Trousdale v. Commissioner of Internal Revenue, Marguerite R. Trousdale v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  5. United States v. SnowCourt of Appeals for the Ninth Circuit · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Lenney v. CommissionerUnited States Tax Court · 1962

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