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DEAL v. MORROW

No. 13779.

197 F.2d 821 (1952)

DEAL et al. v. MORROW.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 4, 1952.

Attorney(s) appearing for the Case

Helen Goodner, Sp. Asst. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., for appellants.

Forney Johnston, Paul Johnston, Birmingham, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was for the recovery of taxes overpaid for the year 1943, as short term1 capital gains on the sale of 1133 shares of stock in the Goslin Mfg. Co.

The claim was: that these shares were capital assets which when sold had been held for more than six months and the gains from their sale were taxable as long term capital gains,2 that is only 50 percent of them were to be...

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