CLEVELAND v. C. I. R.

Nos. 14511-14512.

335 F.2d 473 (1964)

Robert W. CLEVELAND and Anita H. Cleveland, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Royal E. CLEVELAND and Alvina D. Cleveland, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided August 10, 1964.


Attorney(s) appearing for the Case

Joseph W. Kiernan, Washington, D. C. (Smith, Ristig & Smith, Washington, D. C., on the brief), for petitioners.

William A. Geoghegan, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Arthur E. Strout, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before STALEY, HASTIE and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

These cases are before the court on petitions to review a decision of the Tax Court, 39 T.C. 657. The question for decision is whether the Tax Court erred in its determination that four disbursements of corporate funds, made in connection with the redemption of stock, "were not liquidating distributions" within the meaning of §§ 115(c) and (i) of the Internal Revenue Code of 1939, 26 U.S.C...

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