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GOLDSTEIN BROTHERS v. COMMISSIONER OF INTERNAL REV.

No. 11520.

232 F.2d 566 (1956)

GOLDSTEIN BROTHERS, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

As Modified May 18, 1956.

Attorney(s) appearing for the Case

Sol Goodman, Cincinnati, Ohio, M. S. Cassen, Indianapolis, Ind., Goodman & Goodman, Cincinnati, Ohio, for petitioner.

H. Brian Holland, Asst. Atty. Gen., Carolyn R. Just, Attorney, Tax Division, U. S. Dept. of Justice, Washington, D. C., Charles K. Rice, Acting Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attorneys, Department of Justice, Washington, D. C., for respondent.

Before SWAIM and SCHNACKENBERG, Circuit Judges, and PLATT, District Judge.

SWAIM, Circuit Judge.

The question in this case is whether or not under the agreed facts the Tax Court erred in determining that there had not been a tax free reorganization within the meaning of Section 112(b) (10) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 112(b) (10) this being the only section which petitioner claimed to be applicable.

The petitioner in its brief expressly adopted the following statement...

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