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KEYSTONE CONSOL. INDUSTRIES, INC. v. C.I.R.

No. 91-4208.

951 F.2d 76 (1992)

KEYSTONE CONSOLIDATED INDUSTRIES, INC., Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1992.

Attorney(s) appearing for the Case

Steven W. Parks, Gary R. Allen, Chief, Kenneth L. Greene, Appellate Sec., Tax Div., Dept. of Justice, Shirley D. Peterson, Asst. Atty. Gen., U.S. Dept. of Justice, Tax Div., Abraham N.M. Shashy, Jr., Chief Counsel, Washington, D.C., for respondent-appellant.

Raymond P. Wexler, Todd F. Maynes, Timothy M. Mlsna, Kirkland & Ellis, Chicago, Ill., Ralph P. End. Keystone Consol. Industries, Inc., Dallas, Tex., for petitioner-appellee.

Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Keystone, the taxpayer, transferred property to its tax qualified defined benefit pension plan in satisfaction of its statutory minimum funding requirements. The Commissioner asserted that this transfer of property in satisfaction of an obligation was a sale or exchange within the meaning of Section 4975(c)(1)(A), and therefore asserted tax deficiencies under Section 4975(a) and (b).

Keystone filed suit in the tax court, contending...

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