STONER v. COMMISSIONER OF INTERNAL REVENUE

No. 5560.

79 F.2d 75 (1935)

STONER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

July 31, 1935.


Attorney(s) appearing for the Case

H. V. Blaxter, J. Henry O'Neill, and J. Garfield Houston, all of Pittsburgh, Pa., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to the Atty. Gen., for respondent.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

On April 3, 1929, the taxpayer, Blaine L. Stoner, entered into an agreement, which he executed, on behalf of the stockholders of the Suburban Water Company, whereby the stock of the company was to be sold on terms for the sum of $1,250,000. The agreement provided, among its several terms: "To insure the fulfillment of the Seller's obligations created in the next preceding subparagraph hereof, Seller agrees to deduct from the amount of the purchase...

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