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SHIMBERG v. UNITED STATES

No. 74-440-Civ-T-H.

415 F.Supp. 832 (1976)

Mandell SHIMBERG, Jr. and Elaine F. Shimberg, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, M. D. Florida, Tampa Division.

July 1, 1976.

Attorney(s) appearing for the Case

Sherwin P. Simmons, Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, Fla., for plaintiffs.

Gary R. Trombley, Asst. U. S. Atty., Tampa, Fla., Rodger M. Moore, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

ORDER

HODGES, District Judge.

The sole issue for determination in this proceeding is whether cash in the amount of $417,449 received by the Plaintiff, Mandell Shimberg, Jr.,1 on December 9, 1970 in connection with the merger of LaMonte-Shimberg Corporation into MGIC Investment Corporation is taxable as proceeds from the sale of a capital asset, entitled to long-term capital gain treatment for federal income tax purposes, as contended...

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