Rubino v. Commissioner of Internal Revenue (Two Cases)
Cases that cite this one
4 later published cases cite this decision.
- Paul W. Shepherd, Jr., Administrator of the Estate of Paul W. Shepherd, Deceased, and Esther B. Shepherd v. United States (6th Cir. 1956)
- Harry Slatkin Builders, Inc. v. Commissioner of Internal Revenue (6th Cir. 1956)
- McConkey v. United States (Court of Claims 1955)
- Shepherd v. United States (District Court, E.D. Tennessee 1954)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
RUBINO
v.
COMMISSIONER OF INTERNAL REVENUE (two cases).
No. 12535.
No. 12536.
United States Court of Appeals, Ninth Circuit.
January 2, 1951.
Rehearing Denied February 8, 1951.
Wareham C. Seaman, Stockton, Cal., for petitioners.
Thereon Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, L. W. Post, Spc. Assts. to Atty. Gen., for respondent.
Before STEPHENS and HEALY, Circuit Judges, and MATHES, District Judge.
PER CURIAM.
These cases are here on petition to review a decision of the Tax Court relating to a deficiency assessment. The Commissioner had determined that the property involved, namely, a number of houses constructed by the petitioners, were held by the latter primarily for sale to customers in the ordinary course of trade or business within the meaning of § 117(j) (1) of the Internal Revenue Code, 26 U.S.C.A. § 117(j) (1), hence the profit from the sale is taxable as ordinary income. Petitioners' argument is that the property was held primarily for rental purposes, and that the gains from the sales should be treated as long-term capital gains. The Tax Court made findings resolving the dispute in favor of the Commissioner's determination.
The issue is essentially one of fact. We see no clear error in the Court's finding, and its judgment is accordingly affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.