Legal Opinion

Burkhard Inv. Co. v. United States

Court of Appeals for the Ninth Circuit

Decided December 14, 1938No. 8879PublishedCited by 5 opinions

1Opinion of the Court

GARRECHT, Circuit Judge.

This appeal involves the application of Section 112(b) (1) of the Revenue Act of 1928, 45 Stat. 791, 816, 26 U.S.C.A. § 112 (b) (l). 1

The appellant is a family corporation, organized in 1912 by Joseph Burkhard, father of the present officers thereof. In 1930 the appellant acquired a tract of land known as the “Empire Ranch,” located in Altadena, California. The property had originally been acquired by Joseph Burk-hard; part of it had been sold and the remaining part of it used as the family estate, upon which Joseph Burkhard built a large home. Pie died in 1928,…

2Cases cited3 opinions

  1. Lane Timber Co. v. HynsonCourt of Appeals for the Fifth Circuit · 1925
  2. Loughborough Dev. Corp. v. CommissionerUnited States Board of Tax Appeals · 1933
  3. Winter Holding Corp. v. CommissionerUnited States Board of Tax Appeals · 1935

3Cited by5 opinions

  1. Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
  2. Perth Amboy National Bank v. BrodskyDistrict Court, S.D. New York · 1962
  3. Boynton v. CommissionerUnited States Tax Court · 1969
  4. Jenkins v. CommissionerUnited States Tax Court · 1970
  5. Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954

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