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BARTON THEATRE CO. v. C.I.R.

No. 80-1926.

701 F.2d 126 (1983)

BARTON THEATRE COMPANY, an Oklahoma corporation, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1983.

Attorney(s) appearing for the Case

Tom G. Parrott of Kornfeld McMillin Phillips & Upp, Oklahoma City, Okl., for petitioner-appellant.

Steven I. Frahm, Washington, D.C. (M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup and Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D.C., with him on the brief), for respondent-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Barton Theatre Company appeals a Tax Court determination that stock it owned in The Atlas Organization, Inc. was redeemed during the 1966 rather than the 1967 calendar year. Whether that decision was correct is the only issue in this appeal.

Barton owned 37.5 of 50 outstanding shares of stock in Atlas. Sometime during 1966 Barton representatives and the other Atlas shareholder reached an agreement by which Barton would surrender to Atlas...

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