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COMMISSIONER OF INTERNAL REVENUE v. GREENE

No. 349.

42 F.2d 852 (1930)

COMMISSIONER OF INTERNAL REVENUE v. GREENE et al.

Circuit Court of Appeals, Second Circuit.

June 30, 1930.

Attorney(s) appearing for the Case

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and Andrew D. Sharpe, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Prew Savoy, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for petitioner.

Greene & Hurd, of New York City (Daniel S. Murphy, Francis B. Hamlin, and James L. Dohr, all of New York City, of counsel), for respondents.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The Board of Tax Appeals entered an order decreeing no deficiency in income taxes against respondents for the year 1922. 15 B. T. A. 401. Respondents are trustees, under the will of W. H. Walker, and on April 6, 1922, they disposed of 5,534 shares of Eastman Kodak Company stock held by them as a part of the corpus of their trust, and with the proceeds ($3,666,275) reinvested in state, municipal, and...

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