SCHLEPPY v. C. I. R.

Nos. 76-4247, 76-4248.

601 F.2d 196 (1979)

Ronald E. SCHLEPPY and Leonette R. Schleppy, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. David N. SMITH and Judith A. Smith, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 1979.


Attorney(s) appearing for the Case

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief, App. Section, U. S. Dept. of Justice, Stuart E. Seigel, Chief Counsel, Internal Revenue Service, Washington, D. C., Ernest J. Brown, Stanley S. Shaw, Jr., Attys., Tax Div., Dept. of Justice, Washington, D. C., for respondent-appellant in both cases.

Richard G. Holloway, Atlanta, Ga., for petitioners-appellees.

Meade Whitaker, Chief Counsel, Internal Revenue Service, Washington, D. C., for respondent-appellant in No. 76-4248.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.


TUTTLE, Circuit Judge:

The government appeals from a decision of the Tax Court holding that the transfer by two taxpayers to a corporation of which they were the major but not sole shareholders, without consideration, to improve the financial condition of the corporation resulted in an ordinary loss to each of the taxpayers of the amount of his basis in the stock transferred.

The wives of the named taxpayers are named in the litigation solely because of the...

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