MACY v. HELVERING

No. 46.

82 F.2d 183 (1936)

MACY et al. v. HELVERING, Com'r of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

February 17, 1936.


Attorney(s) appearing for the Case

Humes, Buck, Smith & Stowell, of New York City (George W. Saam, John J. Scott and William G. F. Botzow, all of New York City, of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Ellis N. Slack, Sp. Assts. to Atty. Gen., for Commissioner of Internal Revenue.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The question raised upon this petition to review the Board of Tax Appeals is whether any part of profits realized from sales of stock which was acquired through the exercise of rights to subscribe therefor is taxable under section 101 of the Revenue Act of 1928 (26 U.S.C.A. § 101 note) at the rate of 12½ per cent. as capital net gain, where the stock was sold less than two years after the rights were exercised though more...

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