# Weis v. Commissioner > United States Board of Tax Appeals · April 26, 1934 · 30 B.T.A. 478 URL: https://www.frixlaw.com/law-library/cases/4495187 ## Case - **Full name:** SAMUEL W. WEIS, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** April 26, 1934 - **Citations:** 30 B.T.A. 478; 1934 BTA LEXIS 1314 - **Precedential status:** Published - **Opinion:** Dissent by Smith - **Judges:** Smith, Tkammell - **Cited by:** 10 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4495187 ## Opinion text Smith, dissenting: The majority opinion stands for the proposition that where a taxpayer files an income tax return and reports a part of the profit from the sale of capital assets as liable to ordinary income tax and the balance as capital net gain, the taxpayer has failed to elect that the gain should be taxable as capital net gain. In such a case I think the taxpayer has not failed to elect that the profits should be taxed as capital net gain and if it is more advantageous that the tax be computed upon the basis that the entire profit was capital net gain, the taxpayer is entitled to have his tax liability computed accordingly. The taxpayer should not be prejudiced by the fact that he was not aware that all of the profit should be treated as capital net gain instead of only a portion thereof. AeuNdell agrees with this dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4495187. Public record. Not legal advice.