COMMISSIONER OF INTERNAL REVENUE v. LO BUE

No. 12580.

256 F.2d 735 (1958)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Philip J. LO BUE, Respondent.

United States Court of Appeals Third Circuit.

Decided July 8, 1958.


Attorney(s) appearing for the Case

Kenneth E. Levin, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C. on the brief), for petitioner.

Richard Barrett, Boston, Mass., for respondent.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


PER CURIAM.

This is an appeal from a decision of the Tax Court, rendered on remand from the Supreme Court. The Supreme Court held that options granted an employee to purchase stock of his corporate employer yielded him taxable gain which "should be measured as of the time the options were exercised * * *." 351 U.S. 243, 249, 76 S.Ct. 800, 804, 100 L.Ed. 1142. The Court concluded its opinion with this observation and direction. "It is...

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