Gene Cluck and Vivian Cluck v. Commissioner of Internal Revenue

Fifth Circuit

Gene Cluck and Vivian Cluck v. Commissioner of Internal Revenue

261 F.2d 267, 2 A.F.T.R.2d (RIA) 6126

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 19, 1958

Docket17122_1

StatusPublished

This text of 261 F.2d 267 (Gene Cluck and Vivian Cluck v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gene Cluck and Vivian Cluck v. Commissioner of Internal Revenue, 261 F.2d 267, 2 A.F.T.R.2d (RIA) 6126 (5th Cir. 1958).

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Opinion

PER CURIAM.

This case, in its essential facts, brings taxpayers and Commissioner into a contest in which each of them takes a position exactly opposite to that assumed by the taxpayer and Commissioner in Carter v. Commissioner of Internal Revenue, 5 Cir., 257 F.2d 595. Having decided that on such similar facts the sale of the breeding herd in Carter was the sale of Section 117(j), 26 U.S.C.A. § 117 (j) property we also hold here that the sale of the breeding herd at a loss did not produce a loss “attributable to the operation of a trade or business regularly carried on by the taxpayer” within the terms of the loss carry-back provisions of the Internal Revenue Code of 1939.

The decision of the Tax Court is affirmed on the opinion of the Tax Court, 29 T.C. 7, and on the authority of Carter v. Commissioner of Internal Revenue, supra.

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PER CURIAM.

This case, in its essential facts, brings taxpayers and Commissioner into a contest in which each of them takes a position exactly opposite to that assumed by the taxpayer and Commissioner in Carter v. Commissioner of Internal Revenue, 5 Cir., 257 F.2d 595. Having decided that on such similar facts the sale of the breeding herd in Carter was the sale of Section 117(j), 26 U.S.C.A. § 117 (j) property we also hold here that the sale of the breeding herd at a loss did not produce a loss “attributable to the operation of a trade or business regularly carried on by the taxpayer” within the terms of the loss carry-back provisions of the Internal Revenue Code of 1939.

The decision of the Tax Court is affirmed on the opinion of the Tax Court, 29 T.C. 7, and on the authority of Carter v. Commissioner of Internal Revenue, supra.

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261 F.2d 267, 2 A.F.T.R.2d (RIA) 6126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gene-cluck-and-vivian-cluck-v-commissioner-of-internal-revenue-ca5-1958.

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