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UNITED STATES v. HENDLER

No. 4202.

91 F.2d 680 (1937)

UNITED STATES v. HENDLER.

Circuit Court of Appeals, Fourth Circuit.

August 6, 1937.

Attorney(s) appearing for the Case

Arnold Raum, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for the United States.

William R. Semans and Randolph Barton, Jr., both of Baltimore, Md. (Joseph Addison, of Baltimore, Md., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The United States has appealed from the decision of the District Court holding that under section 112 of the Revenue Act of 1928 (26 U.S.C.A. § 112 and note) the computation of the taxable gain of the Hendler Creamery Company, Inc., resulting from the performance of a reorganization agreement with the Borden Company, should not take account of the bonded debt of the Hendler Company which was assumed...

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