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Commissioner of Internal Revenue v. Trustees Common Stock John Wanamaker Philadelphia

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


decided: November 29, 1949.

COMMISSIONER OF INTERNAL REVENUE
v.
TRUSTEES COMMON STOCK JOHN WANAMAKER PHILADELPHIA ET AL.

Before MARIS, MCLAUGHLIN and KALODNER, Circuit Judges.

Per Curiam

The sole question in this case is whether cash receipts by the taxpayers resulting from the sale by them of stock in a corporation to its wholly owned subsidiary are taxable as dividends under Section 115(g) of the Internal Revenue Code, 26 U.S.C.A. ยง 115(g). Upon the authority of Mead Corporation v. Commissioner of Internal Revenue, 3 Cir. 1940, 116 F.2d 187, and for the reasons well stated in the opinion filed by Judge Opper for the Tax Court in banc, 11 T.C. 365, we hold that they are not so taxable.

The decision of the Tax Court will be affirmed.

19491129

© 1998 VersusLaw Inc.



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