C.I.R. v. MORGAN

No. 13306.

288 F.2d 676 (1961)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Walter L. and Helen MORGAN, Respondents.

United States Court of Appeals Third Circuit.

Decided March 21, 1961.

Rehearing Denied April 13, 1961.


Attorney(s) appearing for the Case

Crombie J. D. Garrett, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Meyer Rothwacks, Harry Baum, Abbott M. Sellers, Acting Asst. Atty. Gen., Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., on the brief), for petitioner.

William R. Spofford, Philadelphia, Pa. (Andrew B. Young, Ballard, Spahr, Andrews & Ingersoll, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., on the brief), for respondents.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

This petition for review requires us to determine whether distributions made to a shareholder pursuant to a corporate liquidation are taxable as dividend income under subsection 112(c) (2) or as a long term capital gain under subsection 115(c) of the Internal Revenue Code of 1939, 26 U.S.C.A. (Int.Rev.Code 1939), which provisions control here.

For many years Wellington Fund, Inc. ("Fund"), a...

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