HUGHES v. COMMISSIONER OF INTERNAL REVENUE

No. 11502.

153 F.2d 712 (1946)

HUGHES v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

February 21, 1946.


Attorney(s) appearing for the Case

Allen Post and R. Emerson Gardner, both of Atlanta, Ga., for petitioner.

Harry Baum and Helen R. Carloss, Sp. Assts. to Atty. Gen., and Sewall Key, Acting Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue and J. M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

On April 1, 1940, the petitioner, J. W. Hughes, transferred to his wife 82½ shares of stock in Southeastern Stages, Inc., and in December following a dividend was declared and paid in the company's notes which were themselves paid the following year. This dividend was not included by Hughes in his income tax return for 1940. The Commissioner included it, the only explanation of the adjustment being: "It is held that dividends of $6,250...

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