PLAUT v. MUNFORD

No. 134, Docket 21695.

188 F.2d 543 (1951)

PLAUT v. MUNFORD.

United States Court of Appeals Second Circuit.

Decided April 23, 1951.


Attorney(s) appearing for the Case

Raymond E. Hackett and William H. Timbers, Stamford, Conn. (Cummings & Lockwood, Stamford, Conn., of counsel), for plaintiff-appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack and William B. Waldo, Sp. Assts. to Atty. Gen., Adrian W. Maher, U. S. Atty. and Edward J. Lonergan, Asst. U. S. Atty., Hartford, Conn., for defendant-appellee.

Before L. HAND, Chief Judge and AUGUSTUS N. HAND and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

In 1938 the plaintiff sold 15,700 shares of common stock of Lehn & Fink Products Corp. for $138,836.50. These shares represented, after stock split-ups and dividends, 600 shares of Lehn & Fink that he had inherited by specific bequest under the will of his father who had died on June 17, 1915. In his income tax return for 1938, when computing his capital gain on the sale of the 15,700 shares, the plaintiff reported $247.75...

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