IMLER v. COMMISSIONER

Docket No. 15670.

11 T.C. 836 (1948)

JOSEPH W. IMLER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 22, 1948.


Attorney(s) appearing for the Case

Sidney B. Gambill, Esq., for the petitioner.

A. W. Dickinson, Esq., for the respondent.


The Commissioner determined a deficiency of $2,410.27 in the petitioner's income and victory tax for the year 1943. The sole question is, Was the retirement of certain shares of its stock by the Imler Supply Co. in 1942 accomplished at such time and in such manner as to make the distribution and cancellation and redemption essentially equivalent to a taxable dividend? The question arises on the following facts:

FINDINGS OF FACT.

Petitioner is an individual...

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