13 F.2d 1022 - Langstaff v. Lucas — 13 F.2d 1022

How this case has been cited

Cited by 8 later decisions (1 by the Supreme Court) — most recently June 1958

6 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1In Error to the District Court of the United States for the Western District of Kentucky; Charles I. Dawson, Judge.

¶2Chas. K. Wheeler, of Paducah, Ky. (Wheeler & Hughes and Bernard Posey, all of Paducah, Ky., on the brief), for plaintiff in error.

¶3Floyd F. Toomey, Sp. Atty., of Washington, D. C. (W. S. Ball, U. S. Atty., of Louisville, Ky., and A. W. Gregg, Solicitor of Internal Revenue, and Floyd F. Toomey, Sp. Atty. Bureau of Internal Revenue, both of Washington, D. C., on the brief), for defendant in error.

¶4Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

¶5PER CURIAM.

¶6After considering carefully the reasons urged against it, we feel satisfied to affirm the judgment (9 F.[2d] 691), and we do so upon the reasoning and conclusions of the District Judge. Although the half interest in the corporate assets which came to Langstaff was within the broad definition of “dividend” in section 201 (a), being Comp. St. Ann. Supp. 1919, § 6336%b, yet the transaction was the very one specifically provided for in the last sentence of section 201 (e), and the half interest became the proceeds of the sale of Langstaff’s stock in the corporation, instead of a corporate dividend. Only so can the sections be effectively read together.

¶7Judgment affirmed.