MACDONALD v. COMMISSIONER

Docket Nos. 905, 906.

3 T.C. 720 (1944)

D. K. MACDONALD, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. ELISE C. MACDONALD, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 5, 1944.


Attorney(s) appearing for the Case

H. B. Jones, Esq., and A. R. Kehoe, Esq., for the petitioners.

B. H. Neblett, Esq., for the respondent.


These cases, duly consolidated, involve income taxes for the calendar year 1941. The Commissioner determined a deficiency of $5,190.78 against each of the petitioners.

The only question presented is whether the petitioners, D. K. MacDonald and his wife, Elise C. MacDonald, realized a taxable gain as a result of the distribution and transfer to D. K. MacDonald, acting on behalf of the marital community, of all of the assets of Carter, MacDonald & Co., a corporation...

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