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CURTIS COMPANY v. COMMISSIONER OF INTERNAL REVENUE

Nos. 11764 and 11765.

232 F.2d 167 (1956)

CURTIS COMPANY (Formerly Curtis Engineering Company), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided March 30, 1956.

Attorney(s) appearing for the Case

Robert Ash, Washington, D. C. (Carl F. Bauersfeld, Washington, D. C., Fred L. Rosenbloom, Thomas P. Glassmoyer, Philadelphia, Pa., on the brief), for petitioner.

Herbert Brownell, Jr., Atty. Gen., Charles B. Freeman, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

These appeals present the question whether the taxpayer is entitled to the benefit of capital gains provisions of the income tax statute in the business transactions described herein. The Tax Court has held that the taxpayer is liable for ordinary income tax1 and the two appeals represent the taxpayer's litigation contesting the conclusion reached for different years of...

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