DISTRICT OF COLUMBIA v. GOLDMAN

Nos. 17352, 17354.

328 F.2d 520 (1963)

DISTRICT OF COLUMBIA, Petitioner, v. Hyman GOLDMAN and Yetta D. Goldman, et al., Respondents. Hyman GOLDMAN and Yetta D. Goldman, et al., Petitioners, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided December 26, 1963.

Petition for Rehearing Denied February 17, 1964.


Attorney(s) appearing for the Case

Mr. Werner Strupp, Washington, D. C., with whom Mr. Nathan Sinrod, Washington, D. C., was on the brief, for petitioners in No. 17354 and respondents in No. 17352.

Mr. Henry E. Wixon, Asst. Corp. Counsel for District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Harrison S. Howes, Asst. Corp. Counsel, were on the brief, for petitioner in No. 17352 and respondent in No. 17354.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.


Petition for Rehearing en Banc in No. 17352 Denied February 17, 1964.

DANAHER, Circuit Judge.

The Tax Court here decided that certain distributions of net earnings by the named corporations were dividends subject to tax. It also held that yet other amounts of depreciation reserves distributed to the petitioner-stockholders were capital distributions and nontaxable. We agree with the result reached and the treatment set forth in the opinion of the Tax Court...

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