COMMISSIONER OF INTERNAL REVENUE v. CARTER

No. 26, Docket 20999.

170 F.2d 911 (1948)

COMMISSIONER OF INTERNAL REVENUE v. CARTER.

United States Court of Appeals Second Circuit.

November 29, 1948.


Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., and Lee A. Jackson and Irving I. Axelrad, Sp. Assts. to Atty. Gen., for petitioner.

John S. Keith, of New York City, for respondent.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.


SWAN, Circuit Judge.

This appeal presents the question whether income received by the taxpayer in 1943 is taxable as long-term capital gain, as the Tax Court ruled, or as ordinary income as the Commissioner contends. The facts are not in dispute. The taxpayer, Mrs. Carter, had owned for ten years all the stock of a corporation which was dissolved on December 31, 1942. Upon its dissolution all of its assets were distributed to her in kind, subject to all its liabilities...

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