UNITED STATES v. ARCADE CO.

No. 11584.

203 F.2d 230 (1953)

UNITED STATES v. ARCADE CO. et al.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing May 4, 1953.


Attorney(s) appearing for the Case

S. Dee Hanson, Washington, D. C. (Ellis N. Slack, Acting Asst. Atty. Gen., Helen Goodner, Joseph F. Goetten, Spec. Asst. to the Atty. Gen., Ward Hudgins, Nashville, Tenn., on the brief), for appellant.

F. A. Berry and F. M. Bass, Jr., Nashville, Tenn., on the brief; Bass, Berry & Sims, Nashville, Tenn., of counsel, for appellees.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

The issue in this case is whether certain business transactions amounted to a corporate reorganization under Section 112(g) of the Internal Revenue Code, Title 26 U.S. C.A. § 112(g). The district court held that there was no reorganization, and the government appealed.

The facts are as follows: The Arcade Company, organized in 1902, long prior to the enactment of the Federal Income Tax Amendment, employed, in 1943, a tax accountant...

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