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BAKER v. COMMISSIONER OF INTERNAL REVENUE

No. 8315.

115 F.2d 987 (1940)

BAKER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1940.

Attorney(s) appearing for the Case

A. O. Dickey, of Cleveland, Ohio (Joseph G. Fogg, of Cleveland, Ohio, on the brief), for petitioner.

M. S. Zimmerman, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before HICKS, HAMILTON, and ARANT, Circuit Judges.

HICKS, Circuit Judge.

Petition of Baker for review of a decision of the Board of Tax Appeals in assessing against him a deficiency in income tax for 1928 in the amount of $7,815.66.

The assessment grew out of the following transactions: Early in 1928 petitioner was the owner of 568½ shares of no-par common stock of Arthur G. McKee & Company, a Delaware corporation. Its assets on March 31, 1928, were $651,880.43 and

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