KENT MANUFACTURING CORPORATION v. C. I. R.

No. 8105.

288 F.2d 812 (1961)

KENT MANUFACTURING CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided March 15, 1961.


Attorney(s) appearing for the Case

Converse Murdoch, Philadelphia, Pa., for petitioner.

Sharon L. King, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., on brief), for respondent.

Before SOPER and HAYNSWORTH, Circuit Judges, and LEWIS, District Judge.


HAYNSWORTH, Circuit Judge.

The validity of asserted deficiencies of income taxes for the taxpayer's fiscal years 1953 and 1954 depend upon the recognition of gain, realized in September 1954 but in fiscal year 1955, upon an involuntary conversion of capital assets. The Commissioner recognized the gain, and reduced the amount of the loss-carryback, accordingly. The Tax Court sustained his view.1 We disagree.

On July 16, 1954, an...

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