UNITED STATES v. HARRISON

No. 19059.

304 F.2d 835 (1962)

UNITED STATES of America, Appellant, v. O. D. HARRISON and wife, Jennie L. Harrison; Addison O. Wood and wife, Joanna G. Wood; and Edward H. Jackson and wife, Margaret J. Jackson, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 27, 1962.


Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., T. Fitzhugh Wilson, U. S. Atty., Shreveport, La., Joseph Kovner, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., for appellant.

Leon O'Quin, Thomas A. Harrell, Shreveport, La., for appellees, Blanchard, Goldstein, Walker & O'Quin, Shreveport, La., of counsel.

Before RIVES, BROWN, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This action for tax refunds presents the question whether amounts of original issue discount or interest received upon retirement of corporate bonds are taxable as capital gain or ordinary income.

In 1952 the taxpayers purchased original issue discount bonds due to mature in series over the next five years. As the bonds were redeemed, the taxpayers reported their gain as long-term capital gain. They rely on Section 117(f) of the Internal...

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