UNITED STATES of America, Appellant,
v.
DIVERSIFIED SERVICES, INC., as Transferee and Successor of Dr. P. Phillips and Sons, Incorporated, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
January 9, 1963.
January 9, 1963.
Attorney(s) appearing for the Case
Edith House, U. S. Atty., Miami, Fla., Edward F. Boardman, U. S. Atty., Don M. Stichter, Asst. U. S. Atty., Tampa, Fla., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Harold C. Wilkenfeld, Attys., Dept. of Justice, Washington, D. C., for appellant.
Albert H. Monacelli, Dunnington, Bartholow & Miller, New York City, William Y. Akerman, Orlando, Fla., Akerman, Senterfitt, Edison & Mesmer, Orlando, Fla., of counsel, for appellee.
Before RIVES, CAMERON and BELL, Circuit Judges.
United States Court of Appeals Fifth Circuit.
PER CURIAM.
The district court, by a completely literal construction of Section 392(b) and 337(c) of the Internal Revenue Code of 1954,1 held that gains from sales made in 1954 by wholly-owned subsidiary corporations, subsequently liquidated and dissolved under a plan of liquidation adopted also subsequently to the sales, are entitled to nonrecognition for income tax purposes, even though the liquidation distributions by the subsidiaries...
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