PICKARD v. COMMISSIONER OF INTERNAL REVENUE

No. 317.

113 F.2d 488 (1940)

PICKARD v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

July 15, 1940.


Attorney(s) appearing for the Case

Llewellyn A. Luce, of Washington, D. C., and Perry W. Shrader, of Kansas City, Mo., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewell Key, Sp. Asst. to Atty. Gen., and Richard H. Demuth, Sp. Atty., of Washington, D. C., for respondent.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.


PER CURIAM.

The taxpayer contracted to sell 300 shares of Station stock for $175,200, a price greatly in excess of its cost. For the admitted purpose of avoiding a tax on the profit he would realize if paid in cash, he engaged in an elaborate series of transactions which resulted in giving him $3,700 in cash and the stock of two newly created corporations whose assets consisted of United States Treasury notes equal in value to the balance of the purchase price of...

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