KAISER ALUMINUM & CHEMICAL CORP. v. COMMISSIONER

Docket No. 3162-78T.

76 T.C. 325 (1981)

KAISER ALUMINUM & CHEMICAL CORPORATION AND KAISER ALUMINA AUSTRALIA CORPORATION, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed February 18, 1981.


Attorney(s) appearing for the Case

M. Bernard Aidinoff, Kendyl K. Monroe, and Mark F. Dalton, for the petitioners.

Bobby D. Burns, for the respondent.


OPINION

WILBUR, Judge:

Respondent determined that petitioners' transfer of property to Comalco, an Australian corporation, is in pursuance of a plan having as one of its principal purposes the avoidance of income tax, within the meaning of section 367,1 and that the gain from the transfer must be considered as gross income. Petitioners challege respondent's determination and have...

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