S. BUCHSBAUM & CO., INC.

v.

UNITED STATES

Citator

Cited By (13 total)

• Commissioner OF Internal Revenue v. José Ferrer, 304 F.2d 125 (2d Cir. 1962)
  …producer solely in return for personal services not yet per formed, Holt v. C. I. R., 303 F. 2d 687 (9 Cir. 1962). On the other hand, a lessee’s surrender of his lease to the lessor, C. I. R. v. Golonsky, 200 F. 2d 72 (3 Cir. 1952), cert. denied, 345 U.S. 939, 73 S. Ct. 830, 97 L.Ed. 1366 (1953); C. I. R. v. McCue Bros. & Drummond, Inc., 210 F. 2d 752 (2 Cir.), cert. denied, 348 U.S. 829, 75 S.Ct. 53, 99 L.Ed. 654 (1954), now in effect ratified by § 1241 of the 1954 Code, his relinquishment of a right t…
• Commissioner of Internal Revenue v. McCue Bros. & Drummond, Inc., 210 F.2d 752 (2d Cir. 1954)
  …ee 19 T.C. 667. A long term capital gain is defined as the “gain from the sale or exchange of a capital asset held for more than 6 months * * 26 U.S.C. §117 (a) (4). In Commissioner of Internal Revenue v. Golonsky, 200 F. 2d 72, certio-rari denied 345 U.S. 939, 73 S.Ct. 830, 97 L.Ed. 1366, the Court of Appeals for the Third Circuit held the payment made to a lessee by the landlord for cancelling the lease and surrendering the premises to be a capital gain. See also Commissioner of Internal Revenue v. Ray,…
• Commissioner of Internal Revenue v. Goff, 212 F.2d 875 (3d Cir. 1954)
  …p. That the rights to be subject to the sale or exchange provisions in the revenue code do not need to be tangible, see authority cited in Commissioner of Internal Revenue v. Golon-sky, 3 Cir., 1952, 200 F. 2d 72, 74 note 4, certiorari denied, 1953, 345 U.S. 939, 73 S.Ct. 830, 97 L.Ed. 1366. We do not see in principle how the person to whom a tangible right is transferred can aifect the question whether the transfer is a sale or exchange. In this conclusion we are supported by authority both in this Court…