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WEISS v. STEARN

Nos. 262 and 263.

265 U.S. 242 (1924)

WEISS, COLLECTOR OF INTERNAL REVENUE, v. STEARN. WEISS, COLLECTOR OF INTERNAL REVENUE, v. WHITE.

Supreme Court of United States.

Decided May 26, 1924.

Attorney(s) appearing for the Case

Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck was on the brief, for petitioner.

Mr. Charles P. Hine, with whom Mr. Amos Burt Thompson was on the brief, for respondent in No. 262.

Mr. John G. White, with whom Mr. A.V. Cannon and Mr. L.C. Spieth were on the brief, for respondent in No. 263.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Respondents brought separate actions to recover money which they alleged petitioner unlawfully demanded of them as income tax. The question for our decision is this: Did they, by the transactions hereinafter detailed, dispose with profit of all or, as they maintain, of only half their interests in the National Acme Manufacturing Company, within the income provisions...

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