60 F.2d 484 - Gossett v. Commissioner — 60 F.2d 484

How this case has been cited

Cited by 18 later decisions — most recently July 1951

16 federal appellate ·

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.

¶1Por former opinion, see 59 F.(2d) 365.

¶2James Craig Peacock, of Washington, D. C. (John W. Townsend, of Washington, D. C., on the brief), for petitioners.

¶3John H. MeEvers, Sp. Asst, to Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., Sew-all Key, Sp. Asst, to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and O. J. Tall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

¶4Before NORTHCOTT and SOPER, Circuit Judges, and WAY, District Judge.

¶5PER CURIAM.

¶6In the petition for rehearing it is stated that the court overlooked section 201 (h) of the Revenue Act of 1926 (26 USCA § 932 (h), which reads as follows: “(h) As used in this section the term ‘amounts distributed in partial liquidation’ means a distribution by a corporation in complete cancellation or redemption of a part of its stock, or one of a series of distributions in complete cancellation or redemption of all or a portion of its stock.”

¶7It seems to us that the opinion clearly holds that the dividend in question was a distribution in redemption of a portion of the stock of the corporation.

¶8The section in question was given careful cohsideration in the preparation of the opinion of the court, and the rehearing is denied.

¶9Rehearing denied.