REYNOLDS v. COMMISSIONER OF INTERNAL REVENUE

No. 4641.

114 F.2d 804 (1940)

REYNOLDS v. COMMISSIONER OF INTERNAL REVENUE.

United States Circuit Court of Appeals, Fourth Circuit.

October 7, 1940.


Attorney(s) appearing for the Case

J. Gilmer Korner, Jr., of Washington, D. C., and H. G. Hudson, of Winston-Salem, N. C. (Stratton Coyner, of Winston-Salem, N. C., on the brief), for petitioner.

Joseph M. Jones, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.


SOPER, Circuit Judge.

On April 4, 1934, the taxpayer, Richard J. Reynolds, received certain securities from a trustee in accordance with the terms of the will of R. J. Reynolds, his father, who died on July 19, 1918. Later in 1934 the taxpayer sold some of the securities at a profit; and the question is whether, in ascertaining the cost basis under the taxing statute of that year, the securities were acquired when he received them from the trustee, or when his father...

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