Helvering v. Winston Bros. Co.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOODROUGH, Circuit Judge.
This is an appeal from an order of the Board of Tax Appeals (29 B. T. A. 905) overruling the Commissioner’s determination of a deficiency in the respondent’s income tax for the year 1928 in the amount of .$17,653.76.
The facts, as found by the Board of Tax Appeals, may be stated briefly. Prior to September 1, 1928, the Winston Bros. Company, a Minnesota corporation, owned 4,872 of a total of 7,124 shares, or slightly more than 68 per cent., of the outstanding common stock of Winston-Dear Company, and none of its preferred stock. On August 9, 1928, at a special meeting-…
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