YOST v. COMMISSIONER OF INTERNAL REVENUE

No. 11155.

155 F.2d 121 (1946)

YOST v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

May 3, 1946.


Attorney(s) appearing for the Case

Maurice R. McMicken and Alfred J. Schweppe, both of Seattle, Wash., for petitioner.

Sewall Key, Acting Asst. Atty. Gen., and A. F. Prescott, Fred E. Youngman, and Maryhelen Wigle, Sp. Assts. to Atty. Gen., for respondent.

Before GARRECHT, DENMAN, and BONE, Circuit Judges.


DENMAN, Circuit Judge.

This is a review of a decision of the Tax Court holding that compensation paid to a stockholder in the tax years 1940 and 1941 for agreeing in 1938 to the sale of the physical assets of his corporation is taxable as ordinary income and not as a capital gain.

The taxpayer appellant, a resident of the State of Washington, at all relevant times owned and now owns 510 of the shares of stock of Tricoach Corporation, hereinafter called Tricoach...

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