RAMAPO, INC. v. COMMISSIONER OF INTERNAL REVENUE

No. 298.

84 F.2d 986 (1936)

RAMAPO, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.


Attorney(s) appearing for the Case

D. A. Embury, of New York City (Curtis, Mallet-Prevost, Colt & Mosle, and George A. Reiss, all of New York City, of counsel), for petitioner.

Robert H. Jackson, Asst. Atty. Gen. (Sewall Key and Francis I. Howley, Sp. Assts. to the Atty. Gen.), for respondent.

Robert G. Dodge and Francis V. Barstow, both of Boston, Mass., amici curiæ.

Before MANTON, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

The taxpayer is a corporation which keeps its books and makes its income tax returns on a cash receipts and disbursements basis. During the year 1929 it was a stockholder of the American Superpower Corporation (hereafter for brevity referred to as "Superpower"). By resolutions adopted in January, May, and June, 1929, Superpower gave its stockholders rights to purchase from it at stated prices shares of common stock of the United Corporation and...

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