CARROLL-McCREARY CO. v. COMMISSIONER OF INTERNAL REV.

No. 56.

124 F.2d 303 (1941)

CARROLL-McCREARY CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 30, 1941.


Attorney(s) appearing for the Case

James G. Moore, of New York City (Albert F. Strasburger, Jr., of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Newton K. Fox, Sp. Assts. to the Atty. Gen., for respondent.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

The primary issue presented by this appeal is whether the petitioner realized taxable income in 1934 from the cancellation by its officers, who were also its shareholders, of debts owed to them for unpaid salaries of prior years. If this issue be decided adversely to the petitioner, a question is raised as to the amount of such income, in view of the petitioner's insolvency before cancellation of the debts; and a further question as to whether...

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