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BOTHIN REAL ESTATE CO. v. COMMISSIONER OF INTERNAL REV.

No. 8362.

90 F.2d 91 (1937)

BOTHIN REAL ESTATE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

May 24, 1937.

Attorney(s) appearing for the Case

John C. Altman, of San Francisco, Cal. (Willard L. Ellis, of San Francisco, Cal., of counsel), for petitioner.

Robert H. Jackson, Asst. U. S. Atty. Gen., and Sewall Key, Norman D. Keller, W. Croft Jennings, and Edmund W. Pavenstedt, Sp. Asst. U. S. Attys. Gen., for respondent.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

GARRECHT, Circuit Judge.

This case involves corporate income taxes for the year 1928 and comes to this court by petition to review a decision of the United States Board of Tax Appeals entered August 14, 1936.

The question for decision here presented is, Should the basis of determination of gain or loss upon the disposition by petitioner of stock transferred to it without consideration by petitioner's sole stockholder be, (1) the cost of the stock to the stockholder...

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