R. & J. FURNITURE CO. v. COMMISSIONER OF INTERNAL REV.

No. 12258.

221 F.2d 795 (1955)

The R. & J. FURNITURE COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Sixth Circuit.

February 17, 1955.


Attorney(s) appearing for the Case

Ernest H. Cohen, Canton, Ohio, for petitioner.

H. Brian Holland, Daniel A. Taylor, Claude R. Marshall, and Charles K. Rice, Washington, D. C., for respondent.

Before MARTIN, McALLISTER, and STEWART, Circuit Judges.


PER CURIAM.

The above cause coming on to be heard upon the transcript of the record, the briefs of the parties, and the arguments of counsel in open court, and it appearing that petitioner corporation acquired the properties of a partnership, bearing the same name, in an exchange to which Section 112(b) (5) of the Internal Revenue Code, 26 U.S.C.A. § 112(b) (5), applies, and that petitioner is, therefore, an "acquiring corporation" within the meaning of Section...

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