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WHITNEY REALTY CO. v. COMMISSIONER OF INTERNAL REV.

No. 6796.

80 F.2d 429 (1935)

WHITNEY REALTY CO., Limited, et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Ferris D. Stone, of Detroit, Mich. (Cleveland Thurber and Edward S. Reid, Jr., both of Detroit, Mich., on the brief), for petitioners.

S. Dee Hanson, of Washington, D. C. (Frank J. Wideman, Sewall Key, and J. P. Jackson, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

Petitioners were stockholders of the Continental Lumber Company. At a stockholders' meeting held December 12, 1927, the officers of the company were directed to convey all of its assets to Nathan T. Viger as trustee. At the same meeting the articles of incorporation were amended so as to terminate the company's existence on December 26, 1927. On December 24 the company conveyed all of its real estate to Viger by ordinary form of warranty deed...

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