Legal Opinion

Caplan v. United States

District Court, S.D. Florida

Decided December 9, 1966No. Civ. No. 65-834Published

1Opinion of the Court

MEMORANDUM OPINION

MEHRTENS, District Judge.

This is a civil action for the refund of federal income taxes and interest thereon in the amount of $1,564.84 paid to the defendant by the plaintiff for the years 1961 and 1962.

The only issue to be decided is whether plaintiff, Harry C. Caplan, is entitled to deduct his partnership share of a loss on the sale of a building to a corporation owned by his brother, by offsetting the loss against installment gains realized on the redemption of stock by the same corporation, where the redemption took place two years prior to the sale of the building.

The…

2Cases cited16 opinions

  1. Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
  2. McWilliams v. CommissionerSupreme Court of the United States · 1947
  3. Commissioner of Internal Revenue v. Union Pac. R. Co.Court of Appeals for the Second Circuit · 1936
  4. Commissioner of Internal Revenue v. SegallCourt of Appeals for the Sixth Circuit · 1940
  5. Rogers v. CommissionerUnited States Tax Court · 1965

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