LIDDON v. COMMISSIONER OF INTERNAL REVENUE

Nos. 12397, 12398.

230 F.2d 304 (1956)

William LIDDON, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Maria Prothro LIDDON, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

February 11, 1956.


Attorney(s) appearing for the Case

John J. Hooker, Nashville, Tenn. (K. Harlan Dodson, Jr., Walker, Hooker, Keeble, Dodson & Harris, Nashville, Tenn., on the brief), for petitioners.

I. Henry Kutz, Washington, D. C. (H. Brian Holland, Ellis N. Slack, Hilbert P. Zarky, Harry Baum, Washington, D. C., on the brief), for respondent.

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


STEWART, Circuit Judge.

The sole issue to be determined on this review is whether amounts distributed to the petitioners in 1948 by a closely held corporation were taxable as ordinary income or as a long term capital gain. The Tax Court found that the amounts in question were distributed as "boot" pursuant to a plan of reorganization, having "the effect of the distribution of a taxable dividend" under section 112(c) (2) of the Internal Revenue Code of 1939, 26 U.S...

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