TEMPLETON v. COMMISSIONER OF INTERNAL REVENUE

No. 77-1440.

573 F.2d 866 (1978)

Frank G. TEMPLETON and Helen M. Templeton, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1978.


Attorney(s) appearing for the Case

J. Randall Groves, Charlotte, N. C. (Bryant, Groves & Essex, Charlotte, N. C., on brief), for appellants.

Leon G. Wigrizer, Washington, D. C. (Myron C. Baum, Acting Asst. Atty. Gen., Gilbert E. Andrews, William S. Estabrook and James S. Maxwell, Attys., Tax Division, Dept. of Justice, Washington, D. C., on brief), for appellee.

Before WINTER, LAY, and HALL, Circuit Judges.


PER CURIAM:

The Tax Court held that taxpayers had failed to prove that they were entitled to non-recognition of capital gains as provided by § 1033(a)(3)(A) of the Internal Revenue Code of 1954 when they expended the proceeds of a condemnation award to purchase control of a corporation which they had organized and to which they had conveyed some real property owned by them and members of their family before the condemnation award was made. Frank G. and Helen...

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