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ESTATE OF STAHL v. C. I. R.

Nos. 18240, 18241, 18398 and 18399.

442 F.2d 324 (1971)

ESTATE of William F. STAHL, Deceased, Marion B. Stahl, Executrix, and Marion B. Stahl, Individually, Petitioners-Appellees and Cross-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant and Cross-Appellee. Marion B. STAHL, Individually and as Executor of the Estate of William F. Stahl, Deceased, Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 27, 1971.

Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., William A. Friedlander, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., for Commissioner of Internal Revenue.

Warren W. Browning, J. Roy Browning, Joseph M. Solon, Chicago, Ill., for appellees and cross-appellants.

Before SWYGERT, Chief Judge, and CUMMINGS and KERNER, Circuit Judges.

SWYGERT, Chief Judge.

These consolidated cases are appeals and cross-appeals from decisions of the Tax Court1 and the District Court for the Northern District of Illinois2 which essentially relate to the federal income tax consequences of the same transaction. The issues raised are whether payments received by a taxpayer in retirement of notes issued to him by his...

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