McCULLOUGH v. COMMISSIONER OF INTERNAL REVENUE

No. 16.

153 F.2d 345 (1946)

McCULLOUGH v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. McCULLOUGH.

Circuit Court of Appeals, Second Circuit.

January 14, 1946.


Attorney(s) appearing for the Case

Marvin Lyons and George Craven, both of New York City, for taxpayer.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A. F. Prescott, and Leonard Sarner, Sp. Assts. to Atty. Gen., for Commissioner of Internal Revenue.

Before L. HAND, SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

In 1940 the taxpayer sold certain shares of common stock of Standard Oil Company of California, which he had acquired by gift from his mother in 1929. His mother made the gift from a larger number of shares of such stock, some of which she had acquired as income beneficiary for life under her deceased husband's will, others of which she had acquired as dividends on and a split-up of the shares received by her from her husband's estate, and the...

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