SHORE v. C. I. R.

No. 18319.

286 F.2d 742 (1961)

Philip SHORE and Ann E. Shore, John K. Wales and Iryene L. Wales, George F. Milliken and Virginia Milliken, Joseph D. Bennett and Virginia H. Bennett, H. V. Monahan and Mary Pearson Monahan, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

February 6, 1961.


Attorney(s) appearing for the Case

John J. Trenam, Sherwin P. Simmons (of Fowler, White, Gillen, Humkey & Trenam), Tampa, Fla., for petitioners.

Karl Schmeidler, A. F. Prescott, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Claude R. Marshall, Sp. Atty., and Hart H. Spiegel, Chief Counsel, I. R. S., Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for respondent.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.


JOHN R. BROWN, Circuit Judge.

This appeal from a decision of the Tax Court presents the question whether distributions to American stockholders of a Cuban corporation were to be treated as capital gains under 26 U.S.C.A. § 115(c), (1939 Code), or as ordinary income. The Tax Court held them to be ordinary income and the Taxpayers appeal.1

Actually the record is substantially undisputed so far as the underlying facts are concerned...

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