Montgomery Bldg. Realty Co. v. Commissioner

Turner, J., dissenting: To say that the unsecured creditors, immediately prior to the transfer and exchanges herein, were in control of the old corporation within the rule of Helvering v. Alabama Asphaltic Limestone Co., 315 U. S. 179 , is, in my opinion, contrary to the facts of this case and results in an erroneous application of the statute. I accordingly note my dissent.