AMELIA H. COHEN TRUST v. COMMISSIONER OF INT. REV.

No. 7664.

121 F.2d 689 (1941)

AMELIA H. COHEN TRUST et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

June 26, 1941.


Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa. (James A. Graham, of Pittsburgh, Pa., on the brief), for petitioner.

Wm. L. Cary, 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 MARIS, JONES, and GOODRICH, Circuit Judges.


JONES, Circuit Judge.

The question here is whether the acquisition of petitioner's stock by the corporation which issued it was a distribution in partial liquidation of the corporation or the purchase of a capital asset of the petitioner. The answer to that question will determine whether the petitioner is taxable under Section 115(c) and (i) of the Revenue Act of 19361 on one hundred per cent...

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