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DURR v. USRY

Civ. A. No. 6052.

163 F.Supp. 355 (1958)

Louis E. DURR, Jr. and Mrs. Claire Durr, Plaintiffs, v. Chester A. USRY, District Director of Internal Revenue, Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

June 18, 1958.

Attorney(s) appearing for the Case

Polack & Rosenberg, Samuel I. Rosenberg, New Orleans, La., for plaintiffs.

M. Hepburn Many, Prim B. Smith, Jr., New Orleans, La., Leo McCormack, Herbert Awe, Washington, D. C., for defendant.

J. SKELLY WRIGHT, District Judge.

This case presents the question whether the profits realized by the plaintiff on certain sales of real estate in 1952 and 1953 are entitled to capital gains treatment. The plaintiff-taxpayer1 reported them as such, but the Commissioner assessed a deficiency, stating that the properties sold were "held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business" under...

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