BROWN v. COMMISSIONER OF INTERNAL REVENUE

No. 5630.

79 F.2d 73 (1935)

BROWN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

July 31, 1935.


Attorney(s) appearing for the Case

Jesse I. Miller, of Washington, D. C., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Morton K. Rothschild and J. Louis Monarch, Sp. Assts. to Atty. Gen., for defendant.

Before BUFFINGTON and THOMPSON, Circuit Judges, and JOHNSON, District Judge.


THOMPSON, Circuit Judge.

This is a petition for review of a decision of the Board of Tax Appeals. In 1927, the Electro Construction Company, a corporation, had outstanding 1,000 shares of capital stock, of which the petitioner, William T. Brown, Jr., owned 550 shares, Joseph F. McCarthy 445 shares, and John A. McCarthy 5 shares. Joseph F. McCarthy died testate and under his will John A. McCarthy became the owner of his shares. The corporation declined John A. McCarthy...

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