No. 82-7640.

727 F.2d 857 (1984)

Vernon EDLER, Jr., Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1984.

Attorney(s) appearing for the Case

James T. Burnes, Michael J. Christianson, Newport Beach, Cal., for petitioner-appellee.

Stephen Gray, Washington, D.C., for respondent-appellant.

Before FERGUSON and BOOCHEVER, Circuit Judges, and COYLE, District Judge.

COYLE, District Judge:

The Internal Revenue Service issued to Vernon Edler, Jr. (hereafter Edler) a Notice of Deficiency for the taxable year 1976 finding in pertinent part that Edler realized a constructive dividend in the amount of $283,500.00 resulting from the redemption of stock owned by his former spouse.1 Edler filed a Petition with the United States Tax Court. The sole issue tried was whether Edler received dividend income when...

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