McSHAIN v. COMMISSIONER

Docket No. 90445.

22 T.C.M. 1611 (1963)

T.C. Memo. 1963-306

John McShain and Mary H. McShain, Husband and Wife v. Commissioner.

United States Tax Court.

Filed November 18, 1963.


Attorney(s) appearing for the Case

Fred L. Rosenbloom, 1719 Packard Bldg., Philadelphia, Pa. and Thomas P. Glassmoyer, for the petitioners. Edward L. Newberger, for the respondent.


Memorandum Findings of Fact and Opinion

MULRONEY, Judge:

The respondent determined a deficiency in petitioners' income tax for the year 1956 in the amount of $70,063.15.

The issue is whether a corporate distribution of $125,000 to John McShain in redemption of some of his stock was essentially equivalent to a dividend.

Findings of Fact

The petitioners are husband and wife, residing in Philadelphia, Pennsylvania. Their joint return...

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