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Malat v. Riddell, 383 U.S. 569 (1966)
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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.
Malat v. Riddell, 383 U.S. 569 (1966)
Malat v. Riddell No. 47 Argued March 3, 1966 Decided March 21, 1966 383 U.S. 569
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Upon the sale of real estate which had been acquired by a joint venture in which petitioners participated, petitioners reported the profits therefrom as capital gains. Respondent argued that the venture had a dual purpose -- to develop the property for rental or to sell it -- and that the profit was taxable as ordinary income. The District Court ruled that petitioners failed to establish that the property was not held primarily for sale to customers in the ordinary course of business, and that the profits were not capital gains under 26 U.S.C. § 1221(1). The Court of Appeals affirmed. Respondent urges the construction of "primarily" as meaning that a purpose may be "primary" if it is a "substantial" one.
Held: The word "primarily," as used in §1221(1), means "of first importance," or "principally."
347 F.2d 23, vacated and remanded.
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Chicago:
U.S. Supreme Court, "Syllabus," Malat v. Riddell, 383 U.S. 569 (1966) in 383 U.S. 569 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=MIPJGMJA2311VTZ.
MLA:
U.S. Supreme Court. "Syllabus." Malat v. Riddell, 383 U.S. 569 (1966), in 383 U.S. 569, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=MIPJGMJA2311VTZ.
Harvard:
U.S. Supreme Court, 'Syllabus' in Malat v. Riddell, 383 U.S. 569 (1966). cited in 1966, 383 U.S. 569. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=MIPJGMJA2311VTZ.
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