HEMAN v. C. I. R.

Nos. 16504, 16505.

283 F.2d 227 (1960)

Genevra HEMAN, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Shelby L. HEMAN TRUST U/W, Genevra Heman and Mercantile Trust Company, Trustees, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

October 25, 1960.


Attorney(s) appearing for the Case

John A. Joyce and James L. Sullivan, St. Louis, Mo., for petitioners.

Harry Marselli, Atty., Tax Division, Dept. of Justice, Washington, D. C., for respondent: Charles K. Rice, Asst. Atty. Gen., In Charge of Tax Division, Meyer Rothwacks and John J. Pajak, Attys., Dept. of Justice, Washington, D. C., on the brief.

Before JOHNSEN, Chief Judge, and VAN OOSTERHOUT and BLACKMUN, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

The primary issue presented by these combined petitions for review of decisions of the Tax Court, timely filed by the taxpayers, is whether the cancellation of the indebtedness of Shelby L. Heman, deceased stockholder, to Trinidad Asphalt Manufacturing Company (Trinidad), a closely held corporation, for the redemption of his 250 shares of Trinidad non-cumulative preferred stock, is essentially equivalent to a taxable dividend within...

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