REYNOLDS v. BOOS

No. 14108.

188 F.2d 322 (1951)

REYNOLDS v. BOOS.

United States Court of Appeals Eighth Circuit.

March 16, 1951.


Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to Atty. Gen. (Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack and Harry Baum, Sp. Assts. to Atty. Gen., Clarence U. Landrum, U. S. Atty. and William P. Murphy, Asst. U. S. Atty., St. Paul Minn., on the brief), for appellant.

Arnold L. Guesmer, Minneapolis, Minn., for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

Under section 22(b) of the Internal Revenue Code, 26 U.S.C.A. § 22(b), property acquired by gift "shall not be included in gross income and shall be exempt from taxation" of income.

Did the cancellation of some rental indebtedness by a lessor represent a gift in the present situation or did it constitute taxable income to the lessee?

The question arises in a suit against a Collector...

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