AMBASSADOR APARTMENTS, INC. v. C. I. R.

Nos. 227-229, Dockets 32699-32701.

406 F.2d 288 (1969)

AMBASSADOR APARTMENTS, INC., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. Louis LITOFF and Rose Litoff, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals Second Circuit.

Decided January 9, 1969.


Attorney(s) appearing for the Case

Hillel J. Auerbach, Winnick & Winnick, New Haven, Conn., for appellants.

Jonathan S. Cohen, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, and Gerald G. Fain, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before KAUFMAN and ANDERSON, Circuit Judges and MacMAHON, District Judge.


PER CURIAM:

In September 1958, Louis and Rose Litoff purchased an apartment building for $642,669.61. They took the property subject to two mortgages totaling $319,095.97, gave a third mortgage for $125,000 and paid $198,573.64 in cash. A year later the Litoffs organized Ambassador Apartments, Inc., to which they transferred the apartment building in exchange for Ambassador stock and a note in the amount of $193,511.56 secured by a fourth mortgage. After the transfer...

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