Opinion · Court of Appeals for the Fifth Circuit

John D. Riley and Inez P. Riley v. Commissioner of Internal Revenue

John D. Riley & Inez P. Riley v. Comm’r of Internal Revenue, 328 F.2d 428 (5th Cir. 1964)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1964-02-13
Topic
general

PER CURIAM. The taxpayers conveyed to a contractor forty lots from a subdivided tract of land, under a contract for the improvement of the tract, and as compensation for making the improvement. The Tax Court properly held that this conveyance of property in payment for services rendered constituted a taxable disposition of property, and resulted in the realization of gain in the amount determined by the Commissioner. The Tax Court found that the forty lots in question were held primarily for sale to customers in the ordinary course of business and that the taxable gain from the conveyance of the lots was ordinary income. The evidence fully supports this finding.

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Cited by
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RILEY v. COMMISSIONER OF INTERNAL REVENUE,328 F.2d 428(5th Cir. 1964)
John D. RILEY and Inez P. Riley, Petitioners, v. COMMISSIONER OF INTERNAL
REVENUE, Respondent.
No. 20064.
United States Court of Appeals, Fifth Circuit.
February 13, 1964.
W.H. Albritton, Andalusia, Ala., for petitioner; Albrittons Rankin, Andalusia, Ala., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Crane C. Hauser, Chief Counsel, I.R.S., Rollin H. Transue, Atty., I.R.S., Meyer Rothwacks and Fred E. Youngman,Page 429Attys., Dept. of Justice, Washington, D.C., for respondent.
Before RIVES, WISDOM, and GEWIN, Circuit Judges.
PER CURIAM.
The taxpayers conveyed to a contractor forty lots from a subdivided tract of land, under a contract for the improvement of the tract, and as compensation for making the improvement. The Tax Court properly held that this conveyance of property in payment for services rendered constituted a taxable disposition of property, and resulted in the realization of gain in the amount determined by the Commissioner. The Tax Court found that the forty lots in question were held primarily for sale to customers in the ordinary course of business and that the taxable gain from the conveyance of the lots was ordinary income. The evidence fully supports this finding. We see nothing that we can add to the opinion of the Tax Court. (37 T.C. 932).

The judgment is affirmed.