MEYER v. COMMISSIONER OF INTERNAL REVENUE

No. 9039.

154 F.2d 55 (1946)

MEYER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided February 27, 1946.


Attorney(s) appearing for the Case

Sydner A. Gutkin, of Newark, N. J. (David Beck, of Newark, N. J., on the brief), for petitioner.

S. Dee Hanson, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and J. Louis Monarch, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before MARIS, McLAUGHLIN and O'CONNELL, Circuit Judges.


MARIS, Circuit Judge.

The taxpayer asks this court to review a finding by the Tax Court that the redemption by Bersel Realty Company during the years 1938, 1939, 1940 and 1941 for $125,000 of 1,250 shares of its 5% noncumulative preferred stock which he owned was accomplished at such times and in such manner as to be essentially equivalent to distributions of taxable dividends to him within the meaning of Section 115(g) of the Revenue Act of 1938 and the Internal...

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