Commissioner of Internal Revenue v. Patino

SOPER, Circuit Judge.

The petition and cross petition for review in this case raise two questions for decision, viz.: (1) whether the taxpayer was a resident or non-resident alien of the United States during the tax years 1944 and 1945 and (2) whether the cost basis of certain shares of stock sold by her in 1945 was the cost basis of her husband on the theory that she acquired the stock from him by gift in 1944 or the value of the stock in 1944 on the theory that she purchased it from him in that year for a valuable consideration.

Christina deBourbon Patino, respondent and cross-petitioner, was…