From Casetext: Smarter Legal Research

Barham v. United States

United States Court of Appeals, Fifth Circuit
Jul 16, 1970
429 F.2d 40 (5th Cir. 1970)

Summary

adopting district court's opinion

Summary of this case from Campbell v. U.S.

Opinion

No. 28529.

July 16, 1970.

R. Lamar Moore, Moultrie, Ga., for appellants.

Walker P. Johnson, U.S. Atty., Macon, Ga., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Meyer Rothwacks, Issie L. Jenkins, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.


This is a tax refund case in which taxpayers appeal from the decision below. The facts relevant to this appeal are set out fully in the opinion of the district court. Barham v. United States, M.D. Ga. 1969, 301 F. Supp. 43.

Two issues were presented to the district court. The court in its opinion denominated these issues as the "capital gains issue" and the "tree farm expense issue." Only one of these issues — the capital gains issue — is before us on this appeal.

Concluding that the district court correctly decided this issue, we affirm the judgment below on the basis of the district court's opinion.

Affirmed.


Summaries of

Barham v. United States

United States Court of Appeals, Fifth Circuit
Jul 16, 1970
429 F.2d 40 (5th Cir. 1970)

adopting district court's opinion

Summary of this case from Campbell v. U.S.
Case details for

Barham v. United States

Case Details

Full title:Ed. G. BARHAM and Martha F. Barham, Plaintiffs-Appellants, v. UNITED…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 16, 1970

Citations

429 F.2d 40 (5th Cir. 1970)

Citing Cases

Tallal v. C.I.R

When the taxpayer is a member of a partnership, we have interpreted 26 U.S.C. § 702(b) to require that…

Swift v. Taxation Div. Director

Under federal tax law the characterization of partnership property as held in a trade or business or held for…