HARDMAN v. U.S.

Nos. 86-5979, 86-5980.

827 F.2d 1409 (1987)

Rudolph A. HARDMAN, Frances N. Hardman and Hardman, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1987.


Attorney(s) appearing for the Case

Law Offices of Roger A. Saevig, Roger A. Saevig and Marc J. Jennings, Irvine, Cal., for plaintiffs-appellants.

Deborah Mybe, Washington, D.C., for defendant-appellee.

Before BROWNING, Chief Judge, TANG and REINHARDT, Circuit Judges.


TANG, Circuit Judge:

Rudolph A. and Frances N. Hardman and Hardman, Inc. appeal district court decisions upholding tax deficiencies assessed by the Internal Revenue Service. The taxpayers characterized a $109,568 payment by Hardman, Inc. as part consideration for the purchase of property from Mrs. Hardman. The Hardmans treated the payment as capital gain and Hardman, Inc. added the payment to its basis in the property. The IRS characterized the payment as a dividend...

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