REED v. C.I.R.

No. 83-1253.

723 F.2d 138 (1983)

John E. REED, Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 5, 1983.


Attorney(s) appearing for the Case

John M. Peterson, Jr., San Francisco, Cal., with whom Baker & McKenzie, San Francisco, Cal., was on brief, for petitioner, appellant.

Melvin E. Clark, Jr., Atty., Tax Div., Dept. of Justice, Washington, D.C., with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, and Richard W. Perkins, Attys., Tax Div., Dept. of Justice, Washington, D.C., were on brief, for respondent, appellee.

Before CAMPBELL, Chief Judge, GIBSON and TIMBERS, Senior Circuit Judges.


FLOYD R. GIBSON, Senior Circuit Judge.

John E. Reed appeals from the United States Tax Court's decision sustaining the Commissioner's determination of a $71,412.68 deficiency in Reed's 1973 federal income tax. On appeal to this court, Reed, a cash basis taxpayer, claims the Tax Court erred as a matter of law in ruling that he recognized a long-term capital gain from the sale of 80 shares of stock in 1973, when the stock purchaser deposited the stock sales proceeds...

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