BABCOCK v. PHILLIPS

No. 8603.

372 F.2d 240 (1967)

R. A. BABCOCK and Norma L. Babcock, Appellants, v. V. Lee PHILLIPS, Appellee.

United States Court of Appeals Tenth Circuit.

January 27, 1967.


Attorney(s) appearing for the Case

Gene W. Reardon, Denver, Colo., for appellants.

Donald W. Williamson, Jr., Atty., Dept. of Justice, Washington, D. C. (Lawrence M. Henry, U. S. Atty., David I. Shedroff, Asst. U. S. Atty., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

The sole issue to be determined on this review is whether funds distributed to appellants1 were taxable as ordinary income or as long term capital gain. The trial court determined that the transactions which made the distribution available constituted a corporate reorganization which did not qualify all of the distribution for capital gain treatment. The appellants contend the distribution was made pursuant to a...

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