Opinion

Commissioner v. Kahn

  • 133 F.2d 199
  • 30 A.F.T.R. (P-H) 748
  • 1942 U.S. App. LEXIS 2465
Court
Court of Appeals for the Sixth Circuit
Filed
Dec 1, 1942
Status
Published
On the bench
Allen, Hicks, Simons
Cited by
0 cases
Authority
More cited than 16.3%

The opinion

PER CURIAM.

From a decision of the Board of Tax Appeals holding that the respondent, by surrendering her stock in the Truscon Steel Company and receiving in exchange stock of the Republic Steel Company, which she subsequently, sold, acquired the stock through a non-taxable reorganization notwithstanding the intermediate holding of the stock by Truscon Holding Company, the respondent appeals.

Accepting the finding of the Board that the intermediate step was merely transitory and in agreement with the decision of the Board in a companion case, Gertrude B. Chase v. Commissioner, 44 B.T.A. 39 (affirmed per curiam in Helvering v. Chase, 2 Cir., 128 F.2d 740 , upon the authority of Groman v. Commissioner, 302 U.S. 82, 654 , 58 S.Ct. 108 , 82 L.Ed. 63 , and Helvering v. Bashford, 302 U.S. 454 , 58 S.Ct. 307 , 82 L.Ed. 367 ), it is our conclusion, upon like authority, and upon the application of principles discussed by us in Commissioner v. Ashland Oil & R. Co., 99 F.2d 588 , certiorari denied 306 U.S. 661 , 59 S.Ct. 786 , 83 L.Ed. 1057 , that the decision of the Board of Tax Appeals be and it is hereby

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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