SCHULTZ v. UNITED STATES

No. 73-1406.

493 F.2d 1225 (1974)

John A. SCHULTZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1974.


Attorney(s) appearing for the Case

Gilbert Hahn, Jr., Washington, D. C. (Daniel G. Grove, Mark B. Sandground and Amram, Hahn & Sandground, Washington, D. C., on brief) for appellant.

Ann Belanger, Atty., Tax Div., U. S. Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Jonathan S. Cohen, Attys., Tax Div., U. S. Dept. of Justice, and Brian P. Gettings, U. S. Atty., on brief) for appellee.

Before CLARK, Associate Justice, HAYNSWORTH, Chief Judge, and CRAVEN, Circuit Judge.


PER CURIAM:

On February 17, 1965, the taxpayer gave forty-four shares of Jersey Shore Steel Company, a closely held corporation, to each of his three children, and to each of the three children of his brother, Charles. On the same day, Charles gave the same number of shares to each of his children and to each child of the taxpayer. Similar reciprocal transactions were effected on February 4, 1966, and February 14, 1967.

The taxpayer claimed an annual $3,000...

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