(DOWNLOAD) "Howell Turpentine Co. v. Commissioner of Internal Revenue." by Fifth Circuit United States Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Howell Turpentine Co. v. Commissioner of Internal Revenue.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 04, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
The question for decision is whether the Tax Courts holding that a sale in 1940 of 53,488 acres of land in Baker and Union Counties. Florida. to National Turpentine and Pulpweed Corporation was made by Howell Turpentine Company and resulted in realizing a taxable gain to it, is according to law. The case is reported 6 T.C. 364. On this question the court divided, the majority opinion arguing for several legal theories, mistaking as we think some principles of law, and culminating in a disregard of the unimpeached testimony presented both by the taxpayer and the Commissioner. The minority opinion we regard as correct and unanswerable. As factfinders the minority judges ordinarily would be controlled by the majority, and this reviewing court need not regard their views; but here they say there is no substantial evidence to support the majority conclusion and that the evidence is all to the contrary, thus raising a question proper for our consideration.