Rita A. Laube v. Commissioner of Internal Revenue

Third Circuit

Rita A. Laube v. Commissioner of Internal Revenue

253 F.2d 424, 1 A.F.T.R.2d (RIA) 1246, 1958 U.S. App. LEXIS 5702

CourtCourt of Appeals for the Third Circuit

DecidedMarch 25, 1958

Docket12347

StatusPublished

This text of 253 F.2d 424 (Rita A. Laube v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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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Rita A. Laube v. Commissioner of Internal Revenue, 253 F.2d 424, 1 A.F.T.R.2d (RIA) 1246, 1958 U.S. App. LEXIS 5702 (3d Cir. 1958).

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Opinion

PER CURIAM.

The Tax Court concluded that the taxpayer had become a limited partner in the partnership of which her husband had been a member upon his death in 1946 and that she did not sell her limited partnership interest to the partnership in that year. There is ample evidence in the record to support these conclusions of the Tax Court. This being so, we cannot conclude that the Tax Court was in error in holding that the taxpayer did not receive a long term capital gain in 1946 when she received $2250 from the partnership in that year. The Tax Court has correctly applied the law as we see it. Accordingly the decision of the Tax Court will be affirmed.

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PER CURIAM.

The Tax Court concluded that the taxpayer had become a limited partner in the partnership of which her husband had been a member upon his death in 1946 and that she did not sell her limited partnership interest to the partnership in that year. There is ample evidence in the record to support these conclusions of the Tax Court. This being so, we cannot conclude that the Tax Court was in error in holding that the taxpayer did not receive a long term capital gain in 1946 when she received $2250 from the partnership in that year. The Tax Court has correctly applied the law as we see it. Accordingly the decision of the Tax Court will be affirmed.

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Bluebook (online)

253 F.2d 424, 1 A.F.T.R.2d (RIA) 1246, 1958 U.S. App. LEXIS 5702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rita-a-laube-v-commissioner-of-internal-revenue-ca3-1958.

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