BIGELOW v. BOWERS

No. 165.

68 F.2d 839 (1934)

BIGELOW v. BOWERS.

Circuit Court of Appeals, Second Circuit.

February 5, 1934.


Attorney(s) appearing for the Case

Bigelow & Beatty, of New York City, for appellant.

Thomas E. Dewey, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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


CHASE, Circuit Judge.

In 1916, the plaintiff owned thirty shares of the capital stock of a New Jersey corporation. He had paid $1,875 for them. While section 2 (a) of the Revenue Act of 1916 (39 Stat. 756, 757) was in effect, the corporation declared a stock dividend of 200 per cent. and transferred in cash to capital account from surplus earned since February 28, 1913, the par value of the dividend shares. The plaintiff received...

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