MINTON v. C.I.R.

No. 08-60284.

562 F.3d 730 (2009)

Linda K. MINTON, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 2009.


Attorney(s) appearing for the Case

William Alan Pesnell (argued), Pesnell Law Firm, Shreveport, LA, for Minton.

Bethany Buck Hauser (argued), Thomas J. Clark, Nathan J. Hochman, Teresa T. Milton, U.S. Dept. of Justice, Tax Div. Appellate Section, Washington, DC, Robert R. Di Trolio, Clerk, Tax Court, Clarissa C. Potter, I.R.S., Washington, DC, for C.I.R.

Before JONES, Chief Judge, JOLLY, Circuit Judge, and CARDONE, District Judge.


PER CURIAM:

In this appeal from the Tax Court, Linda Minton argues that a transaction among her, her parents, and her brother, all of whom were shareholders of Long's Preferred Products, Inc., created a second class of stock thereby terminating the company's status as a small business corporation. The Tax Court determined that the transaction did not create a second class of stock, and the court sustained the deficiency assessed against Minton. We agree with the Tax...

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