COMMISSIONER OF INTERNAL REVENUE v. LANDERS CORP.

No. 11804.

210 F.2d 188 (1954)

COMMISSIONER OF INTERNAL REVENUE v. LANDERS CORP.

United States Court of Appeals, Sixth Circuit.

February 11, 1954.


Attorney(s) appearing for the Case

Harry Marselli, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Washington, D. C., on the brief), for petitioner.

G. Charles Scharfy, Toledo, Ohio, for respondent.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.


MILLER, Circuit Judge.

The Commissioner of Internal Revenue seeks a review of the ruling of the Tax Court which set aside a deficiency income tax assessment of $3,415.98 for the year 1946. The Tax Court held that the respondent taxpayer, The Landers Corporation, did not realize any taxable gain from the sale by it of 674 shares of its own stock which it had previously acquired from former stockholders.

The facts,...

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