AMERICAN CAN COMPANY v. C. I. R.

No. 254, Docket 27694.

317 F.2d 604 (1963)

AMERICAN CAN COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AMERICAN CAN COMPANY, Respondent.

United States Court of Appeals Second Circuit.

Decided May 29, 1963.


Attorney(s) appearing for the Case

Charles C. MacLean, Jr., of Dewey, Ballantine, Bushby, Palmer & Wood, New York City (John H. Perkins, Jr., Ray I. Hardin, Merton Sarnoff, and Everett L. Jassy, of Dewey, Ballantine, Bushby, Palmer & Wood, New York City, on the brief), for American Can Co., petitioner and cross-respondent.

John B. Jones, Jr., Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., and Harry Baum and Robert L. Waters, Attys., Dept. of Justice, Washington, D. C., on the brief), for Commissioner, respondent and cross-petitioner.

Before CLARK, SMITH and HAYS, Circuit Judges.


CLARK, Circuit Judge.

We are asked to review a decision of the Tax Court, 37 T.C. 198, by both the taxpayer and the Commissioner. These two appeals are related only by the fact that both concern the same taxable year, 1953. We shall, therefore, treat them separately.

(1) THE ISSUE AS TO CAPITAL GAINS (TAXPAYER'S PETITION FOR REVIEW)

The taxpayer has been the nation's leading manufacturer of food and beverage containers...

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