COMMISSIONER OF INTERNAL REVENUE v. HASEROT

No. 16184.

355 F.2d 200 (1965)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Henry McK. HASEROT and Bonnie C. Haserot, Respondents.

United States Court of Appeals Sixth Circuit.

November 3, 1965.


Attorney(s) appearing for the Case

Richard J. Heiman, Department of Justice, Washington, D. C., on brief, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Attorneys, Department of Justice, Washington, D. C., for petitioner.

John Lansdale, Jr., Cleveland, Ohio, John Lansdale, Jr., Edward J. Hawkins, Jr., Squire, Sanders & Dempsey, Cleveland, Ohio, on brief, for respondent.

Before WEICK, Chief Judge, and TAYLOR and THORNTON, District Judges.


ORDER.

The above cause coming on to be heard on the record, the briefs of the parties, and the argument of counsel in open court, and the court being duly advised.

The contention of the petitioner that Section 304(a) Internal Revenue Code of 1954 applies to the transactions here involved requires consideration of Section 302, the pertinent portion of which provides that corporate redemption of stock be treated as a distribution in part or full payment in exchange...

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