TRUST CO. OF GEORGIA v. UNITED STATES

No. 45667.

60 F.Supp. 470 (1945)

TRUST CO. OF GEORGIA et al. v. UNITED STATES.

Court of Claims.

May 7, 1945.


Attorney(s) appearing for the Case

W. A. Sutherland, of Washington, D. C. (Charles B. Lowndes and Sutherland, Tuttle & Brennan, of Washington, D. C., on the brief), for plaintiff.

J. W. Hussey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.


WHITAKER, Judge.

The question presented in this case is the extent of the taxability of the gain derived in 1937 from the redemption by the Retail Credit Company of 545 shares of its own Class A preferred stock held by plaintiffs. The taxpayers claim that the gain is taxable as a capital gain to the extent of 30 percent as an ordinary sale of stock held for more than 10 years. The Commissioner taxed it at normal and surtax rates to the extent of 100 percent, on the...

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