Legal Opinion
Shearer v. Smyth
District Court, N.D. California
Decided October 22, 1953No. 30887PublishedCited by 11 opinions
1Opinion of the Court
HARRIS, District Judge.
Plaintiffs, husband and wife, seek to recover money paid to defendant for income taxes due in 1946. The issue of the case arises out of a real estate transaction. Plaintiffs acquired a 19% acre tract of unimproved land in Atherton in 1939, in exchange for their Palo Alto residence. Commencing in 1945 and concluding in 1946, plaintiffs sold the unimproved Atherton property. Plaintiffs contend that the profits realized from the sale of the land constitute capital gains under 26 U.S.C.A. § 117(a) (1) and (j) (1). Defendant in turn contends that the sale was primarily to…
2Cases cited6 opinions
- Ehrman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1941
- Richards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
- Palos Verdes Corp. v. United StatesCourt of Appeals for the Ninth Circuit · 1952
- Three States Lumber Co. v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1946
- Austin v. United StatesDistrict Court, S.D. Texas · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- John W. Kelley and Bette C. Kelley v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Lazarus v. United StatesUnited States Court of Claims · 1959
- McConkey v. United StatesUnited States Court of Claims · 1955
- Gordon v. United StatesUnited States Court of Claims · 1958
- Longfellow v. CommissionerUnited States Tax Court · 1958
6 more not listed; retrieve them via the Exa API.