Biedenharn Realty Co. v. United States

(specially concurring):

I concur with the result and the analysis in Judge Goldberg’s opinion with this comment: as I understand the holding in United States v. Winthrop, 417 F.2d 905 (5th Cir. 1969), and Judge Goldberg’s opinion here, the Court does not deviate from strict application of the statute to determine whether property is excluded from capital asset — capital gains treatment because it is “property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business.” 26 U.S.C.A. § 1221(1). As I understand the various factors set forth in Withrop and…