Moffatt v. Commissioner of Internal Revenue

DISSENTING OPINION

CRAIG, District Judge.

The majority opinion well states the issues before this Court. Based upon the record in this case, I would disagree with the conclusion of the majority opinion that the steps taken to liquidate Mof-fatt and Nichol, Inc. constituted a part of an integrated plan of reorganization.1

*269The real issue in this case seems to me to be the interpretation of Section 354(b) (1) (A). Assuming, however, that the majority is correct in its conclusion that there was in fact an integrated plan of reorganization, the transaction in my opinion would still not qualify under…