C. I. R. v. TRI-S CORPORATION

No. 9839.

400 F.2d 862 (1968)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TRI-S CORPORATION, Respondent.

United States Court of Appeals Tenth Circuit.

August 22, 1968.


Attorney(s) appearing for the Case

Benjamin M. Parker, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Albert J. Beveridge, III, Attys., Dept. of Justice, on the brief), for petitioner.

Gene W. Reardon, Denver, Colo. (Julie M. Reardon, Denver, Colo., on the brief), for respondent.

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


PHILLIPS, Circuit Judge.

At the times here material, Tri-S Corporation, hereinafter called the taxpayer, was a Colorado corporation. On October 10, 1960, the taxpayer purchased 80 acres of raw and wholly unimproved land for $167,750. On October 6, 1961, it transferred about 20 acres of such land1 to the State of Colorado for $130,000.

In its income tax return for its taxable year, ended October 31, 1961, the taxpayer reported the...

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