TODD v. COMMISSIONER OF INTERNAL REVENUE

No. 5309.

72 F.2d 998 (1934)

TODD v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

September 13, 1934.


Attorney(s) appearing for the Case

Robert G. Erskine and M. Hampton Todd, both of Philadelphia, Pa., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Louise Foster and Sewall Key, Sp. Assts. to the Atty. Gen., for respondent.

Before DAVIS and THOMPSON, Circuit Judges, and FAKE, District Judge.


DAVIS, Circuit Judge.

On July 17, 1920, the petitioner, whose income tax for the year 1929 is involved here, owned 500 shares of stock in the Lehigh Coal & Navigation Company. He had acquired the stock in six transactions at a cost of $30,632.50. The company issued stock rights in 1928, whereby the petitioner purchased 50 shares of stock for $2,500. On October 28, 1929, he sold the original 500 shares for $74,865. He still retains the 50 shares acquired by the...

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