TRUST UNDER WILL OF TOWER v. COMMISSIONER

Docket No. 6420.

5 T.C. 383 (1945)

TRUST UNDER WILL OF ABNER J. TOWER, EDWARD A. TAFT, FRANCIS C. GRAY, BOSTON SAFE DEPOSIT AND TRUST COMPANY, TRUSTEES, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated July 11, 1945.


Attorney(s) appearing for the Case

Kenneth W. Bergen, Esq., for the petitioner.

Joseph D. Donohue, Esq., for the respondent.


The Commissioner has determined a deficiency in petitioner's income tax for the year 1941 of $938.71. The principal part of the deficiency is due to the determination by the Commissioner that a gain of $12,930.15 which petitioner had from the disposition in 1941 of 750 shares of preferred stock in the A. J. Tower Co. was a short term capital gain, 100 percent of which should be taken into taxable income, instead of being a long term capital gain, only 50 percent of which...

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