HELVERING v. REBSAMEN MOTORS

No. 12154.

128 F.2d 584 (1942)

HELVERING, Com'r of Internal Revenue, v. REBSAMEN MOTORS, Inc.

Circuit Court of Appeals, Eighth Circuit.

May 27, 1942.


Attorney(s) appearing for the Case

Louise Foster, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Joseph M. Jones, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

John P. Ohl, of New York City (Wright, Gordon, Zachry, Parlin & Cahill and John A. Reed, all of New York City, on the brief), for respondent.

Before SANBORN and WOODROUGH, Circuit Judges, and TRIMBLE, District Judge.


SANBORN, Circuit Judge.

The question in this case is whether the words "gains from the sale of stock" as used in § 351(b) (1) (A) of the Revenue Act of 1934 defining a "personal holding company," c. 277, 48 Stat. 680, 751, 26 U.S. C.A. Int.Rev.Acts, pages 757, 758, include gains derived by a corporation from the final liquidation of a subsidiary corporation.

Congress in the Revenue Act of 1934, § 351(a), imposed a heavy surtax on the adjusted net...

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