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COMMISSIONER v. LoBUE

No. 373.

351 U.S. 243 (1956)

COMMISSIONER OF INTERNAL REVENUE v. LoBUE.

Supreme Court of United States.

Decided May 28, 1956.

Attorney(s) appearing for the Case

Philip Elman argued the cause for petitioner. With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Holland, Acting Assistant Attorney General Rice, Hilbert P. Zarky and Joseph F. Goetten.

Richard F. Barrett argued the cause for respondent. With him on the brief was Melville F. Weston.

MR. JUSTICE BLACK delivered the opinion of the Court.

This case involves the federal income tax liability of respondent LoBue for the years 1946 and 1947. From 1941 to 1947 LoBue was manager of the New York Sales Division of the Michigan Chemical Corporation, a producer and distributor of chemical supplies. In 1944 the company adopted a stock option plan making 10,000 shares of its common stock available for distribution to key employees at $5 per share over a 3-year...

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