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Commissioner v. Gillette Motor Transport, Inc., 364 U.S. 130 (1960)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Commissioner v. Gillette Motor Transport, Inc., 364 U.S. 130 (1960)
Commissioner v. Gillette Motor Transport, Inc. No. 359 Argued April 21, 1960 Decided June 27, 1960 364 U.S. 130
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Respondent trucking company ceased operations during World War II because of a strike, and the Director of the Office of Defense Transportation took possession and assumed control of its business but left title to its properties in respondent, which resumed normal operations and functioned under the control of a federal manager until termination of possession and control by the Government. The Motor Carrier Claims Commission determined that, by assuming possession and control of respondent’s facilities, the Government had deprived it of the right to determine freely what use was to be made of them, and it awarded to respondent as compensation a sum representing the fair rental value of its facilities during the period of government control.
Held: under the Internal Revenue Code of 1939, this award constituted ordinary income, and not a capital gain resulting from an "involuntary conversion" of respondent’s capital assets consisting of real or depreciable personal property used in its trade or business, within the meaning of §117(j). Pp. 130-136.
265 F.2d 648, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Commissioner v. Gillette Motor Transport, Inc., 364 U.S. 130 (1960) in 364 U.S. 130 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=Y35YIZ5XG2HJEJD.
MLA: U.S. Supreme Court. "Syllabus." Commissioner v. Gillette Motor Transport, Inc., 364 U.S. 130 (1960), in 364 U.S. 130, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Y35YIZ5XG2HJEJD.
Harvard: U.S. Supreme Court, 'Syllabus' in Commissioner v. Gillette Motor Transport, Inc., 364 U.S. 130 (1960). cited in 1960, 364 U.S. 130. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=Y35YIZ5XG2HJEJD.
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