Rand v. Helvering

STONE, Circuit Judge.

This is a petition to review a redetermination of income taxes for the year 1928. Alonzo T. Rand died intestate on October 31, 1925, leaving a large estate of real and personal property. As one of the heirs, petitioner received from the estate certain corporate stock on January 28, 1927, under an order of distribution. On May 28, 1928, he sold this stock at a profit.

Petitioner claimed the right to return this profit as capital gains. The Commissioner denied this claim and treated the profit as ordinary income. The ground for such denial was that the stock had not been…