SHORT v. C. I. R.

No. 8444.

302 F.2d 120 (1962)

Frank B. SHORT and Katherine F. Short, and Richard L. Coleman and Betty B. Coleman, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided April 3, 1962.


Attorney(s) appearing for the Case

W. Y. Wilkins, Jr., Tryon, N. C., for petitioners.

David O. Walter, Atty., Dept. of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, on brief), for respondent.

Before SOPER, BOREMAN and BRYAN, Circuit Judges.


BOREMAN, Circuit Judge.

We are concerned with two "collapsible corporations" within the meaning of Int.Rev.Code of 1939, § 117(m), 26 U.S. C.A. § 117(m). Taxpayers contend that certain funds received by them in 1950 should be treated as long-term capital gains. They here petition for review of the Tax Court's determinations that these funds are taxable as ordinary income. The cases were consolidated on appeal by order of this court. We agree with the Tax...

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