ALLPORT v. COMMISSIONER

Docket No. 1562.

4 T.C. 401 (1944)

HAMILTON ALLPORT AND GILE ALLPORT, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 30, 1944.


Attorney(s) appearing for the Case

Julius C. Bank, C. P. A., for the petitioners.

Richard L. Greene, Esq., for the respondent.


A deficiency of $1,057.11 in income tax for 1940 was determined as the result of several adjustments. The only determination assailed by the taxpayer is that an amount received by him from a corporation for 400 shares of its preferred stock was received in partial liquidation and not in a sale of a capital asset, and that therefore 100 percent of the gain is taxable as a short term gain.

FINDINGS OF FACT.

The petitioners, husband and wife, reside in Chicago...

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