Hammans v. Commissioner of Internal Revenue

AUGUSTUS N. HAND, Circuit Judge.

The question before us is whether, in computing income taxes upon gain realized through the exchange by the petitioner of certain shares of preferred stock of Bulova Watch Co. for cash and common stock, the tax should be laid under § 115(c) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 868, upon 100% of the gain because the distribution was a partial liquidating dividend, or under § 117(a), 26 U.S.C.A. Int.Rev.Acts, page 873, upon only 30% of the gain because the distribution was not a partial liquidating dividend.

For more than ten years prior to…