Legal Opinion · Dissent

Baltimore Baseball Club, Inc. v. United States

United States Court of Claims

Decided July 13, 1973No. 92-72Published

1DissentDavis, Judge

Section 453(b) [“Sales of realty and and casual sales of personalty”], as enacted in the 1954 Code, is a murky piece of legislation which does not use the terms “installment method” or “installment plan” but harks back, in imprecise and uncertain fashion [“on the basis and in the manner prescribed in subsection (a)”], to subsection (a) which applies only to a dealer regularly selling on the “installment plan”. In addition, the relevant legislative history of subsection (b) is most unclear and subject to varying interpretation. This is the kind of statute which cries out for supplementation…

2Cases cited7 opinions

  1. International Business MacHines Corporation v. The United StatesUnited States Court of Claims · 1965
  2. Chock Full O' Nuts Corporation v. United StatesCourt of Appeals for the Second Circuit · 1971
  3. Ludlow v. CommissionerUnited States Tax Court · 1961
  4. 10-42 Corp. v. CommissionerUnited States Tax Court · 1971
  5. Fruehauf Corp. v. United StatesUnited States Court of Claims · 1973

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