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CLARK v. COMMISSIONER OF INTERNAL REVENUE

No. 5568.

77 F.2d 89 (1935)

CLARK v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 26, 1935.

Attorney(s) appearing for the Case

Albert E. James, of Washington, D. C., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key and Lucius A. Buck, Sp. Assts. to the Atty. Gen., and J. P. Jackson, of Washington, D. C., for respondent.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is an appeal by Miss Frances Elliott Clark from the Board of Tax Appeals' assessment of her income tax. She was an employee of the Victor Talking Machine Company, and as such was allowed to, and did, buy shares of its stock at 70 per cent. of its book value. Stamped on her certificate was an agreement that she should not sell the stock while she was in the company's employ without first offering it to the company at 70 per cent. of...

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