PACIFIC MAGNESIUM INC. v. WESTOVER

No. 12436.

183 F.2d 584 (1950)

PACIFIC MAGNESIUM, Inc. v. WESTOVER, Collector of Internal Revenue.

United States Court of Appeals Ninth Circuit.

July 13, 1950.


Attorney(s) appearing for the Case

Melvin D. Wilson, Los Angeles, Cal., for appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky and Carlton Fox, Sp. Asst. Attys. Gen., and Ernest A. Tolin, U. S. Atty., E. H. Mitchell and Edward R. McHale, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before BONE and POPE, Circuit Judges and McLAUGHLIN, District Judge.


PER CURIAM.

The problem in this case is whether a settlement and discharge of appellant taxpayer's debt of $39,335.07 (upon the acceptance by a creditor corporation of a payment of $4,000) constituted income of $35,335.07 to the taxpayer, or whether such a settlement and discharge constituted a gift of that amount to the taxpayer by the creditor corporation (and therefore entitled the taxpayer corporation to an exemption of this amount from its gross...

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