RAND v. HELVERING

No. 10224.

79 F.2d 24 (1935)

RAND v. HELVERING, Com'r of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

August 13, 1935.


Attorney(s) appearing for the Case

Hayner N. Larson, of Washington, D. C. (Robert Driscoll, J. B. Faegre, Leland W. Scott, Harry Blackmun, Junell, Driscoll, Fletcher, Dorsey & Barker, and Cobb, Hoke, Benson, Krause & Faegre, all of Minneapolis, Minn., on the brief), for petitioner.

Frank J. Wideman, Asst. Atty. Gen. (Sewall Key and John MacC. Hudson, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before STONE, WOODROUGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

This is a petition to review a redetermination of income taxes for the year 1928. Alonzo T. Rand died intestate on October 31, 1925, leaving a large estate of real and personal property. As one of the heirs, petitioner received from the estate certain corporate stock on January 28, 1927, under an order of distribution. On May 28, 1928, he sold this stock at a profit.

Petitioner claimed the right to return this profit as capital gains...

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