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HASBROOK v. UNITED STATES

No. 343, Docket 29351.

343 F.2d 811 (1965)

Charles P. HASBROOK and Marcia B. Hasbrook, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 14, 1965.

Attorney(s) appearing for the Case

A. Pearley Feen, Burlington, Vt., for appellant.

Jonathan S. Cohen, Attorney, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attorneys, Dept. of Justice, Washington, D. C., and Joseph F. Radigan, U. S. Atty., for District of Vermont, of counsel), for appellee.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge:

The taxpayer (Marcia B. Hasbrook is a party only because she and her husband filed a joint return) brought an action in the district court for refund of taxes for the year 1957 paid under a deficiency assessment of the Commissioner of Internal Revenue. The Commissioner claimed that $27,000 received by the taxpayer from one of two brother-sister corporations controlled by him, in exchange for 270 shares of preferred stock of the other corporation...

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