Legal Opinion
Robert E. Austin and Marian H. Austin v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided February 9, 1959No. 16097PublishedCited by 28 opinions
1Opinion of the Court
JERTBERG, Circuit Judge.
This case involves deficiencies in income tax returns of petitioners assessed for the years 1950, 1951 and 1952.
The sole question on this appeal is whether certain real estate (vacant unimproved lots) sold by petitioners during the years above stated was held by petitioners primarily for sale to customers in the ordinary course of petitioners’ trade or business.
The Tax Court answered the question in the affirmative, holding that petitioners were engaged in the business of selling real estate, and that the gains realized from the sale of such property was subject to…
2Cases cited16 opinions
- Rollingwood Corp. v. Commissioner of Internal Revenue. Bohannon v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1951
- Snell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1938
- Fahs v. CrawfordCourt of Appeals for the Fifth Circuit · 1947
- Stockton Harbor Industrial Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
- Curtis Company (Formerly Curtis Engineering Company) v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McManus v. CommissionerUnited States Tax Court · 1975
- Podell v. CommissionerUnited States Tax Court · 1970
- The Municipal Bond Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
- Real Estate Corp. v. CommissionerUnited States Tax Court · 1961
- William D. Little v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1997
23 more not listed; retrieve them via the Exa API.