BROWN v. UNITED STATES

No. 1908.

180 F.Supp. 833 (1960)

William W. BROWN, Helen Brown, Emily M. Kiekbusch, Edward S. Vassaw and Alexina Vassaw, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, N. D.

February 3, 1960.


Attorney(s) appearing for the Case

Smith & Brooker, Bay City, Mich., Cummings & Wyman, Chicago, Ill., for plaintiffs.

Fred W. Kaess, U. S. Atty., Elmer Pfeifle, Jr., Asst. U. S. Atty., Detroit, Mich., Charles K. Rice, Asst. Atty. Gen., for defendant.


PICARD, District Judge.

The question in this case revolves around whether "sale" of certain stocks should be reported as "capital gain" or "dividend." Plaintiffs, the taxpayers, first made their returns as "capital gain" but the Internal Revenue Department assessed deficiencies which taxpayers now sue to recover.

Here are the facts—

Saginaw Transfer Company, Inc. (hereinafter called "Transfer") was incorporated October 1, 1945 as a public carrier...

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