JONES v. DAWSON

No. 3049.

148 F.2d 87 (1945)

JONES, Collector of Internal Revenue, v. DAWSON.

Circuit Court of Appeals, Tenth Circuit.

March 5, 1945.


Attorney(s) appearing for the Case

Warren F. Wattles, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, Helen R. Carloss, and S. Dee Hanson, all of Washington, D. C., and Charles E. Dierker, of Oklahoma City, Okl., on the brief), for appellant.

Charles H. Garnett, of Oklahoma City, Okl., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The question presented by this appeal is whether distributions made to the taxpayer during the taxable year 1936 as a stockholder of the Dawson Produce Company, in pursuance of a plan of liquidation, duly adopted but never fully consummated, should be treated as liquidating dividends under Section 115(c) of the Revenue Act of 1936, c. 690, 49 Stat. 1648, 26 U.S.C.A. Int.Rev.Acts, page 868, and therefore taxable under Section 111, as held by...

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