Legal Opinion

John W. Kelley and Bette C. Kelley v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided August 3, 1960No. 16585_1PublishedCited by 27 opinions

1Opinion of the Court

STEPHENS, Circuit Judge.

Once again we are asked to determine whether, under certain given circumstances, sales of real estate by a taxpayer have resulted in the realization of ordinary income or of capital gains. See e. g., Pool v. Commissioner, 9 Cir., 1957, 251 F.2d 233, certiorari denied 1958, 356 U.S. 938, 78 S.Ct. 780, 2 L.Ed.2d 813; Achong v. Commissioner, 9 Cir., 1957, 246 F.2d 445; Palos Verdes Corp. v. United States, 9 Cir., 1952, 201 F.2d 256. This time the facts of the matter are as follows:

Taxpayers, man and wife, moved from Texas to the suburbs of Las Vegas, Nevada, in 1947. They…

2Cases cited12 opinions

  1. MAULDIN v. COMMISSIONER OF INTERNAL REVENUE (Two Cases)Court of Appeals for the Tenth Circuit · 1952
  2. Ehrman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1941
  3. Richards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
  4. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1944
  5. Home Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954

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

3Cited by27 opinions

  1. Bynum v. CommissionerUnited States Tax Court · 1966
  2. Estate of Finder v. CommissionerUnited States Tax Court · 1961
  3. Pointer v. CommissionerUnited States Tax Court · 1967
  4. Thompson v. CommissionerUnited States Tax Court · 1962
  5. Nash v. CommissionerUnited States Tax Court · 1973

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

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