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C. I. R. v. ANDERS

No. 9987.

414 F.2d 1283 (1969)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. D. B. ANDERS, Respondent.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 6, 1969.

Attorney(s) appearing for the Case

Melva M. Graney, Atty., Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson and Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., were with her on the brief), for petitioner.

J. Glenn Hahn, Kansas City, Mo. (Hoskins, King, Springer, McGannon & Hahn, and Harlow B. King and Walter J. Kennedy, and Davis, Graham & Stubbs, and Robert H. Harry, Denver, Colo., were with him on the brief), for respondent.

Before PICKETT, Senior Circuit Judge, and HICKEY and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This petition for review challenges the decision against the Government by the Tax Court in Anders v. Commissioner, 48 T.C. 815 (1967). The issue involved is whether the amount received for rental items of apparel, towels and the like in a sale of corporate assets preceding a complete liquidation was a gain from the sale of property within the provisions of §...

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