OGLE v. HELVERING

No. 334.

77 F.2d 338 (1935)

OGLE v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.


Attorney(s) appearing for the Case

Robert Driscoll, J. B. Faegre, Leland W. Scott, and Hayner N. Larson, all of Minneapolis, Minn. (Harry Blackmun, Junell, Driscoll, Fletcher, Dorsey & Barker, and Cobb, Hoke, Benson, Krause & Faegre, all of Minneapolis, Minn., of counsel), for appellant.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

This appeal involves a question of the meaning of "capital assets," as that term was used in section 101 (c) (8) of the Revenue Act of 1928, 26 USCA § 2101 (c) (8). Mrs. Ogle, the taxpayer, was one of the next of kin of one Rand, who died intestate on October 31, 1925, leaving some shares of stock as part of his estate, which his administrator distributed to her on January 28, 1927, and which she sold on May 28, 1928, at an advance above their value...

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