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FLEXER THEATRES OF MISSISSIPPI v. UNITED STATES

No. 12249.

224 F.2d 445 (1955)

FLEXER THEATRES OF MISSISSIPPI, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 8, 1955.

Attorney(s) appearing for the Case

Sam A. Myar, Jr., Memphis, Tenn. (Snowden, Davis, McCloy, Myar & Wellford, Memphis, Tenn., on the brief), for appellant.

Robert E. Manuel, Washington, D. C. (H. Brian Holland, Ellis N. Slack, Hilbert P. Zarky, Washington, D. C., Millsaps Fitzhugh, U. S. Atty., Robert E. Joyner, Asst. U. S. Atty., Memphis, Tenn., on the brief), for appellee.

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

McALLISTER, Circuit Judge.

This is an appeal from a judgment of the district court denying refund of federal income taxes, and arises out of the transfer of partnership assets to a corporation. Two corporations were involved, but for the purposes of this case, only one corporation will be referred to.

The partnership, operating several theatres and owning considerable real estate, originally consisted of four partners...

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