COMMISSIONER OF INTERNAL REVENUE v. ARROWSMITH

Nos. 78, 79, Dockets 22077, 22078.

193 F.2d 734 (1952)

COMMISSIONER OF INTERNAL REVENUE v. ARROWSMITH et al. COMMISSIONER OF INTERNAL REVENUE v. VIVIAN.

United States Court of Appeals Second Circuit.

Decided January 10, 1952.


Attorney(s) appearing for the Case

Theron Lamar Caudle, Ellis N. Slack, Helen Goodner and Edward J. P. Zimmerman, Washington, D. C. (argued by Morton K. Rothschild, Washington, D. C.), for petitioner.

George R. Sherriff, New York City, for respondents.

Before CHASE, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The liabilities which, in 1944, the taxpayers incurred under the judgment and paid, were directly related to — and would not have existed except for — the capital distributions made by the corporation to those taxpayers in earlier years. Those liabilities, in other words, represent "merely diminution in the capital gain received on the distribution" theretofore made.1 The two are tied together, and therefore...

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