COMMISSIONER OF INTERNAL REVENUE v. CORDINGLEY

No. 2985.

78 F.2d 118 (1935)

COMMISSIONER OF INTERNAL REVENUE v. CORDINGLEY.

Circuit Court of Appeals, First Circuit.

May 25, 1935.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen. (Sewall Key and J. P. Jackson, Sp. Assts. to the Atty. Gen., on the brief), for Commissioner of Internal Revenue.

Harry Parsons Cross, of Providence, R. I. (Greenough, Lyman & Cross, of Providence, R. I., on the brief), for respondent.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is a petition by the Commissioner to review a decision of the Board of Tax Appeals. The question is whether certain sums paid to stockholders of the Woonsocket Worsted Mills by that corporation for stock which was called in and canceled were taxable as dividends.

Woonsocket Worsted Mills was organized in 1901 to take over a business which had previously been carried on as a partnership. Its stock has always been closely held. The...

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