AVERY v. COMMISSIONER OF INTERNAL REVENUE

Nos. 5029, 5030.

67 F.2d 310 (1933)

AVERY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 20, 1933.


Attorney(s) appearing for the Case

Leland K. Neeves, of Chicago, Ill., for petitioner.

Pat Malloy, Asst. Atty. Gen., and Sewall Key and Morton K. Rothschild, Sp. Assts. to Atty. Gen., and John MacC. Hudson, of Washington, D. C., for respondent.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

The two appeals here considered involve petitioner's 1924 and 1929 income taxes. The identical question is raised in each appeal. In what year is a dividend received for income tax purposes, the year the dividend is declared and payable or the year the stockholder receives the check therefor, if there be a difference in such years?

Petitioner was a large stockholder and president of the United States Gypsum Company, which, on November...

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