BATH v. UNITED STATES

No. 20390.

323 F.2d 980 (1963)

Albert A. BATH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 25, 1963.


Attorney(s) appearing for the Case

Virgil Childress, Houston, Tex., for appellant.

Lee A. Jackson, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, C. Moxley Featherston, Attys., Dept. of Justice, Washington, D. C., Woodrow Seals, U. S. Atty., James R. Gough, Asst. U. S. Atty., of counsel, for appellee.

Before HUTCHESON and GEWIN, Circuit Judges, and HOOPER, District Judge.


PER CURIAM.

The question presented by this appeal is whether for the taxable years 1955 and 1956 the appellant-taxpayer, a surviving spouse in a community property state (Texas), is entitled under Section 1014 (b) (6) of the Internal Revenue Code of 1954 to use a "stepped-up" basis for reporting his community share of a long-term capital gain realized on a sale of community property prior to his wife's death in 1954, the taxpayer and his wife having elected to report...

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