ALBERT WINNICK, PETITIONER,
v.
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT; IDA WINNICK, PETITIONER, V. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Tax Court's judgment should be set aside and the case remanded for additional findings of fact.
The case involves a taxpayer who constructed and sold 52 houses. The Tax Court's judgment is being reviewed, and the appellate court believes more fac…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Taxpayer Intent cases and more on FLexlaw
PER CURIAM.
This case was heard upon the record* briefs, and oral argument by counsel for respective parties;
And the Court being of the opinion that additional findings of fact would provide a. better basis for the proper determination of the action;
It is ordered that the judgment of the-Tax Court, 17 T.C. 538, be set aside and the case remanded to the Tax Court for additional findings of fact, including, but not: limited to, the following items, and for the-entry of a judgment based on the findings, as so supplemented or amended:
1. The primary intention of the taxpayer in constructing in 1943 and 1944 the-52 houses herein involved, and whether they-were constructed and held at the time of their construction for investment purposes.,
2. If not so held for investment purposes, for what pmpose were they held in-. 1943 and in 1944.
3. If they were so held for investment-purposes, at what time, as nearly as can be ascertained, did such purpose change.
4. The facts, with dates as nearly as can., be ascertained, with reference to the purchase or construction of the apartment-. house in which the taxpayer decided to invest the proceeds of sale.
5. A general summary of the terms of the sales of the 52 houses, with reference to cash and deferred payments.
6. The use or disposition by the taxpayer of the proceeds from the sale of the 52 houses.
7. The method of financing the apartment house, used by the taxpayer. 8. The facts relative to the holding, use or disposition by the taxpayer of the apartment house after its acquisition or construction, up to the present time.
The parties hereto will foe afforded an opportunity to introduce additional evidence on the issues involved in this action.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Urbain v. Knapp Bros. Mfg. Co., 217 F.2d 810 (6th Cir. 1954)
-
Curtis Co. (Formerly Curtis Eng'g Company) v. Commissioner OF Internal Revenue, 232 F.2d 167 (3d Cir. 1956)
-
Dougherty v. Commissioner OF Internal Revenue, 216 F.2d 110 (6th Cir. 1954)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence