COMMISSIONER OF INTERNAL REVENUE v. AHLBORN

No. 5533.

77 F.2d 700 (1935)

COMMISSIONER OF INTERNAL REVENUE v. AHLBORN et al.

Circuit Court of Appeals, Third Circuit.

April 5, 1935.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Ellis N. Slack and Sewall Key, Sp. Assts. to Atty. Gen., for petitioner.

Andrew J. Whinery, of Newark, N. J., for respondents.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

In this case it appears the American Bronze Powder Manufacturing Company was a closed corporation held by three persons. William A. Smith, one of the three, held 12 per cent. of the stock and desired to sell, but consent was denied. As the company had $100,000 in liquid assets, it was, by proper corporate action, determined that the capital stock be reduced by $100,000 and that the company buy one-third of the shares of each shareholder...

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