UNITED STATES v. LOO

No. 15237.

248 F.2d 765 (1957)

UNITED STATES of America, Appellant, v. C. T. LOO, Trustee in Dissolution for the Creditors and Stockholders of C. & M. McCarthy, Ltd., a Dissolved Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 10, 1957.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Grant W. Wiprud, Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., Louis B. Blissard, U. S. Atty., E. D. Crumpacker, Asst. U. S. Atty., Honolulu, Hawaii, for appellant.

Robertson, Castle & Anthony, William F. Quinn, Alfred L. Castle, Honolulu, Hawaii, for appellee.

Before HEALY, FEE and CHAMBERS, Circuit Judges.


CHAMBERS, Circuit Judge.

A sale of real estate by an Hawaiian trustee (of a corporation) in dissolution for the benefit of creditors is made at a gain over the late corporation's cost basis. Is this "profit" taxable income (a capital gain) to the trustee or should the transaction be treated as that of a sale by the stockholders in their individual right as if they had finally received the property in distribution on liquidation...

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