Rolland L. King and Arlene P. King v. United States

LEWIS R. MORGAN, Circuit Judge.

This matter on appeal involves a tax refund suit submitted to the district judge primarily on stipulated facts. The taxpayer alleged overpayment of taxes in the amount of $64,348.04 on income from the sale of corporate stock. The district judge below found that the corporations in question were collapsible corporations under Section 341 of the Internal Revenue Code and that the income from the sale of stock by a major stockholder should be treated as ordinary income. Despite plaintiff’s contentions that the income should have been treated as capital gain, we…