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AVERILL v. COMMISSIONER OF INTERNAL REVENUE

No. 3376.

101 F.2d 644 (1938)

AVERILL v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

December 28, 1938.

Attorney(s) appearing for the Case

Leonard A. Pierce, of Portland, Me. (Cook, Hutchinson, Pierce & Connell, of Portland, Me., and Carroll N. Perkins and Perkins & Weeks, all of Waterville, Me., on the brief), for petitioner.

Joseph M. Jones, Sp. Asst. to the Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for the Commissioner.

Before BINGHAM and WILSON, Circuit Judges, and McLELLAN, District Judge.

McLELLAN, District Judge.

This petition to review a decision of the Board of Tax Appeals presents the question whether the gain realized by the petitioner when bonds owned by her were paid at maturity in 1931 should be taxed as ordinary income. The Board decided that such gain should be taxed as ordinary income; the petitioner urges that it should be taxed as capital gain at the maximum rate of 12½ per cent. The Board erred and the petitioner should prevail:...

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