SEAS SHIPPING COMPANY v. C. I. R.

No. 72, Docket 30392.

371 F.2d 528 (1967)

SEAS SHIPPING COMPANY, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided January 16, 1967.


Attorney(s) appearing for the Case

John Logan O'Donnell, New York City (Roger Noall, Donald F. Johnston, Jr., and Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, on the brief), for petitioner.

Loring W. Post, Dept. of Justice, Washington, D.C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, and Harry Baum, Dept. of Justice, Washington, D.C., on the brief), for respondent.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

On March 1, 1957, the taxpayer, Seas Shipping Company, Inc., sold ten ships to Moore-McCormack Lines, Inc. [hereafter Mooremac] for $5,466,668 in cash and notes and 300,000 shares of Mooremac stock. In computing the amount realized from the sale, the taxpayer assigned a fair market value of $19.90 per share to the Mooremac stock. Mooremac resold two of the ships during 1957; and in computing its cost...

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