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COMMISSIONER OF INTERNAL REVENUE v. KOLB

No. 8782.

100 F.2d 920 (1938)

COMMISSIONER OF INTERNAL REVENUE v. KOLB.

Circuit Court of Appeals, Ninth Circuit.

November 30, 1938.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., and Sewall Key, Maurice J. Mahoney, and L. W. Post, Sp. Assts. to Atty. Gen., for petitioner.

Melvin D. Wilson, of Los Angeles, Cal., (Homer Hendricks, of Washington, D. C., of counsel), for respondent.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

DENMAN, Circuit Judge.

This is a review, on the petition of the Commissioner of Internal Revenue, of a decision by the Board of Tax Appeals holding the Commissioner had improperly assessed a tax upon what the Commissioner contends was a taxable gain resulting from the exchange of certain stock of the General Baking Corporation of Maryland (hereinafter called the Maryland Corporation) held by the respondent Kolb for stock and securities, certain debenture bonds of...

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