Paul v. Commissioner of Internal Revenue‪.‬

We must decide whether a taxpayer who is in the business of holding rental property for investment purposes and who has a partially completed apartment building in May which is later completed and sold for a gain in November may treat the entire gain or any part thereof as a long-term capital gain under Section 117 (j) of the Internal Revenue Code, 26 U.S.C. § 117(j). The Commissioner and the Tax Court have said that he cannot. For the reasons that follow, we hold that that portion of the gain which is properly allocable to that part of the building which was erected more than six months before the sale may be given long-term capital gain treatment.