GARTRELL v. UNITED STATES

No. 78-1058.

619 F.2d 1150 (1980)

Francis E. GARTRELL and Mabel L. Gartrell, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1980.


Attorney(s) appearing for the Case

John H. Cary, U. S. Atty., Chattanooga, Tenn., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, App. Section, Jonathan S. Cohen, Aaron P. Rosenfeld, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Hunter D. Heggie, Jan Tore Hall, Stophel, Caldwell & Heggie, Chattanooga, Tenn., for plaintiffs-appellees.

Before KENNEDY and MARTIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


HARRY PHILLIPS, Senior Circuit Judge.

This appeal involves the question of whether income received by the plaintiffs-appellees (the taxpayers) from sale of real estate in 1973 was taxable as a long-term capital gain or as ordinary income. The taxpayers reported the income as a long-term capital gain. The Internal Revenue Service determined that the gains should have been reported as ordinary income. The taxpayers filed a claim for refund and brought this action for...

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