DELK v. C.I.R.

No. 95-70920.

113 F.3d 984 (1997)

Robert W. DELK; Dorothy A. Delk; Michael W. Delk; Mary M. Delk, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1997.


Attorney(s) appearing for the Case

James C. Griggs, Saalfeld, Griggs, Gorsuch, Alexander & Emerick, Salem, Oregon, for petitioners-appellants.

Gary R. Allen, Attorney, Tax Division, United States Department of Justice, Washington, D.C., for respondent-appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and SCHWARZER, Senior District Judge.


OPINION

SCHWARZER, Senior District Judge.

Section 165(g)(1) of the Internal Revenue Code provides that when a security held as a capital asset becomes worthless, the resulting loss may be treated as a capital loss. The question before us is whether shareholders who, after their shares in a bankrupt corporation are canceled, contribute capital to the corporation's reorganization and receive new shares in the reorganized corporation as a consequence of such...

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