Legal Opinion

Boynton v. Commissioner

United States Tax Court

Decided September 30, 1969No. Docket No. 4769-66Unpublished

Held, that the petitioner was not in the business of buying and selling real estate and that a loss sustained upon the foreclosure of a parcel of real estate which he owned was not an ordinary loss, but was a capital loss which under section 172(d) of the Internal Revenue Code of 1954 was not deductible in computing a claimed net operating loss.

1Opinion of the Court

Charles T. Boynton, II v. Commissioner.

Boynton v. Commissioner

Docket No. 4769-66.

United States Tax Court

T.C. Memo 1969-204; 1969 Tax Ct. Memo LEXIS 90; 28 T.C.M. (CCH) 1075; T.C.M. (RIA) 69204;

September 30, 1969. Filed

Held, that the petitioner was not in the business of buying and selling real estate and that a loss sustained upon the foreclosure of a parcel of real estate which he owned was not an ordinary loss, but was a capital loss which under section 172(d) of the Internal Revenue Code of 1954 was not deductible in computing a claimed net operating loss.

Garvin W. Videen, Arizona Land…

2Cases cited7 opinions

  1. Higgins v. SmithSupreme Court of the United States · 1940
  2. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  3. Whipple v. CommissionerSupreme Court of the United States · 1963
  4. Burnet v. ClarkSupreme Court of the United States · 1932
  5. Thrift v. CommissionerUnited States Tax Court · 1950

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