Ogle v. Helvering

This appeal involves a question of the meaning of “capital assets,” as that term was used in section 101 (c) (8) of the Revenue Act of 1928, 26 USCA § 2101 (c) (8). Mrs. Ogle, the taxpayer, was one of the next of kin of one Rand, who died intestate on October 31, 1925, leaving some shares of stock as part of his estate, which his administrator distributed to her on January 28, 1927, and which she sold on May 28, 1928, at an advance above their value at distribution. The question is whether she. “held”, the shares from October 31> *3391925, or from January 28, 1927; on this depends her…