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SPANGLER v. C. I. R.

Nos. 18178, 18179.

323 F.2d 913 (1963)

Harrison E. SPANGLER and Myrtle B. Spangler, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

October 16, 1963.

Attorney(s) appearing for the Case

David S. Pattullo and H. Myron Gleason, Portland, Or., for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks and Earl J. Silbert, Attorneys, Department of Justice, Washington, D. C., for respondents.

Before JERTBERG and BROWNING, Circuit Judges, and JAMESON, District Judge.

BROWNING, Circuit Judge.

Taxpayer1 seeks reversal of a decision of the Tax Court.

The facts are stipulated. The managing officers and controlling stockholders of a corporation induced taxpayer to sell her stock to them by fraud. Taxpayer brought suit and recovered judgment against the wrongdoers. Barnes v. Eastern & Western Lumber Co., 205 Or. 553, 287 P.2d 929

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