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KESSNER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 12155, 12156.

248 F.2d 943 (1957)

Samuel H. KESSNER and Tessie D. Kessner, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE. Joseph RABINOWITZ and Mary Rabinowitz, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided October 29, 1957.

Attorney(s) appearing for the Case

Robert R. Daly, Newark, N. J., for petitioners.

John N. Stull, Lee A. Jackson, Harry Baum, Grant W. Wiprud, Washington, D. C., for respondent.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.

PER CURIAM.

The findings of fact and the opinion of the Tax Court of the United States are reported at 26 T.C. 1046 (1956), wherein the facts of the case at bar and the principles of law applicable thereto are set forth fully. It is not necessary to detail them again here. Briefly stated the issue presented by the petitioners for our determination is whether the Tax Court erred in holding that certain redemptions of preferred stock...

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