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STRASBURGER v. C. I. R.

No. 15384.

327 F.2d 236 (1964)

W. F. STRASBURGER and Mildred Strasburger, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

February 10, 1964.

Attorney(s) appearing for the Case

Sol Goodman, Cincinnati, Ohio, Stanley Goodman, Cincinnati, Ohio, on brief, for petitioners.

Richard J. Heiman, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Loring W. Post, J. Edward Shillingburg, Attorneys, Department of Justice, Washington, D. C., on brief, for respondent.

Before MILLER, Circuit Judge, and WEINMAN and KAESS, District Judges.

PER CURIAM.

The taxpayer, W. F. Strasburger, is engaged in the business of selling household appliances at retail; he also owns tenement buildings.1 In July 1956, he contracted to buy all the stock in The Valley Exchange, Inc., which operated a restaurant, and also the real estate on which the restaurant was located. However, in closing the transaction, the taxpayer had the real estate conveyed to the corporation rather than to himself...

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