HUNTINGTON NAT. BANK v. COMMISSIONER OF INTERNAL REV.

No. 7238.

90 F.2d 876 (1937)

HUNTINGTON NAT. BANK v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

June 3, 1937.


Attorney(s) appearing for the Case

James I. Boulger, of Columbus, Ohio, for petitioner.

J. P. Jackson, of Washington, D. C. (Sewall Key and John M. Hudson, both of Washington, D. C., on the brief), for respondent.

Before HICKS and SIMONS, Circuit Judges, and MARTIN, District Judge.


SIMONS, Circuit Judge.

Whether a trust instrument transferring stock to a trustee for the equal benefit of two beneficiaries created a single trust or two separate and distinct trusts, whether when the trustee sold stock through a broker at an advance over its cost to the settler it realized a taxable gain thereon at the date of sale in one tax year or in a later year, when the broker's check for the proceeds was received, and whether the deficiency asserted against...

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