JONES v. GRIFFIN

No. 4681.

216 F.2d 885 (1954)

H. C. JONES, individually and as a former Collector of Internal Revenue, Appellant, v. John Toole GRIFFIN, Appellee.

United States Court of Appeals Tenth Circuit.

November 15, 1954.


Attorney(s) appearing for the Case

Walter Akerman, Jr., Sp. Asst. to the Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, Sp. Assts. to the Atty. Gen., and Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., were with him on the brief), for appellant.

Graham Loving, Jr., and James D. Fellers, Oklahoma City, Okl. (Mosteller, Fellers, Andrews & Loving, Oklahoma City, Okl., were with them on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

The question of major importance presented on this appeal is whether the sum of $2,000 received from a corporation in redemption of certain shares of preferred stock was taxable to the recipient thereof on the basis of being essentially the equivalent of a taxable dividend by the corporation.

Koma, Inc., hereinafter referred to as the corporation, had issued an outstanding common stock and preferred stock. In 1946, the board of directors...

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