McFARLANE v. COMMISSIONER

Docket Nos. 37563, 37564.

13 T.C.M. 467 (1954)

T. C. Memo. 1954-40

Ada Murphy McFarlane v. Commissioner. Frederick Gordon McFarlane, Sr. v. Commissioner.

United States Tax Court.

Filed May 14, 1954.


Attorney(s) appearing for the Case

George Denegre, Esq., 847 National Bank of Commerce Building, New Orleans, La., for the petitioners. Jackson L. Bailey, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

JOHNSON, Judge:

Respondent determined income tax deficiencies of $11,014.15 for each of the petitioners in 1948. The sole issue is whether there was a transaction, under section 115(g), I. R. C., essentially equivalent to the distribution of a taxable dividend where petitioner paid his debt to a corporation with that corporation's capital stock.

Findings of Fact

Some of the facts are stipulated and...

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