ROONEY v. UNITED STATES

No. 17313.

305 F.2d 681 (1962)

Francis L. ROONEY and Irene Rooney, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 29, 1962.


Attorney(s) appearing for the Case

Howard & Prim, and N. Richard Smith, San Francisco, Cal., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Myron C. Baum, Harold M. Seidel, Lee A. Jackson, and John Jones, Attorneys, Tax Division, Department of Justice, Richard L. Carico, Asst. U. S. Atty., Washington, D. C., and Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and JAMES M. CARTER, District Judge.


JAMES M. CARTER, District Judge.

This appeal raises two major issues: (1) the application of section 482 of the Internal Revenue Code of 1954 [26 U.S. C.A. § 482], which allows the Commissioner to reallocate expenses of the taxpayer, to the fact situation in this case, and (2) an interpretation of section 351 of the Internal Revenue Code of 1954 [26 U.S.C.A. § 351], which allows the taxpayer to transfer property to a corporation in exchange for stock, without...

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