AMERICAN TRUCK RENTAL CORP. v. COMMISSIONER OF INTERNAL REVENUE

No. 15481.

355 F.2d 928 (1966)

AMERICAN TRUCK RENTAL CORP., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided February 16, 1966.


Attorney(s) appearing for the Case

Herman J. Obert, Philadelphia, Pa. (Kenneth M. Cushman, Philadelphia, Pa., Cushman & Obert, Philadelphia, Pa., on the brief), for petitioner.

Frederick E. Youngman, U. S. Department of Justice, Tax Division, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before STALEY, SMITH and FREEDMAN, Circuit Judges.


PER CURIAM.

The sole question raised by this appeal is whether the petitioner is entitled to non-recognition of a gain realized from the involuntary conversion of its property within the meaning of § 1033(a) (3) (A) of the Internal Revenue Code of 1954. Petitioner claims that it purchased a controlling interest in a corporation which held property similar to or related in service to that which was involuntarily converted, and thus, satisfied the requirements...

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