C. I. R. v. PHILLIPS

No. 7857.

275 F.2d 33 (1960)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Percy W. PHILLIPS and Betty R. Phillips (Husband and Wife), Respondents.

United States Court of Appeals Fourth Circuit.

Decided February 20, 1960.


Attorney(s) appearing for the Case

Myron C. Baum, Atty., Dept. of Justice, Washington, D. C. (Chas. K. Rice, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on brief), for petitioner, and Percy W. Phillips, pro se, and as Atty. for Betty R. Phillips.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and HOFFMAN, District Judge.


WALTER E. HOFFMAN, District Judge.

By this appeal we are called upon to consider the tax status of a transaction wherein the taxpayer, admittedly motivated by a desire to minimize taxes, sold an endowment policy twelve (12) days prior to its maturity, and thereafter treated the excess received by him, over and above the cost of said policy, as a capital gain. The Commissioner contends that the questioned transaction was merely a transfer of the right to receive ordinary...

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