METCALF'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 274.

32 F.2d 192 (1929)

METCALF'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

April 8, 1929.


Attorney(s) appearing for the Case

Ehrich, Royall, Wheeler & Walter, of New York City (Ralph Royall, of New York City, of counsel), for petitioners.

Mabel Walker Willebrandt, Asst. Atty. Gen., J. Louis Monarch and John Vaughan Groner, Sp. Asst. Attys. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and D. V. Hunter, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

The petitioners, executors of the estate of Edwin D. Metcalf, appeal from the determination of the Board of Tax Appeals, which held they must pay an income tax on the sale of rights in 1921. Rev. Act 1926, c. 27, 44 Stat. 9, 109, 110. The decedent was a stockholder of the Southern Pacific Company and his executors received purchase rights to shares of stock of the Pacific Oil Company under the following circumstances:

On December 1,...

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