SNIVELY v. TOMLINSON

No. 19174.

303 F.2d 325 (1962)

H. B. SNIVELY and Virginia C. Snively, Appellants, v. Laurie W. TOMLINSON, District Director of Internal Revenue, District of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1962.


Attorney(s) appearing for the Case

William R. Frazier, Jacksonville, Fla., Hill & Frazier, James P. Hill, Jacksonville, Fla., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., Earl J. Gilbert, Meyer Rothwacks, Joseph M. Howard, William F. Friedlander, Attys., Dept. of Justice, John B. Jones, Jr., Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Edith House, Asst. U. S. Atty., for appellee.

Before RIVES, JONES and GEWIN, Circuit Judges.


JONES, Circuit Judge.

The taxpayer, H. B. Snively, purchased all of the stock of a corporation which owned and operated a citrus grove. Thereafter he liquidated the corporation and the grove was transferred to the taxpayer. Upon the completion of liquidation the taxpayer conveyed the grove property to his son. It was held that the proceeds received by the taxpayer from the sale of fruit from the grove prior to liquidation were income to the corporation for the purpose...

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