Raymond G. Burge and Kathleen E. Burge v. Commissioner of Internal Revenue

PARKER, Chief Judge.

This is a petition to review a decision of the Tax Court which upheld determinations by the Commissioner of Internal Revenue of deficiencies in income taxes for the years 1950 and 1951. The Commissioner had assessed the deficiencies upon a finding that gains from the redemption and sale of stock reported by taxpayer as capital gains were taxable as ordinary income, basing his action upon the ground that the corporation was a “collapsible corporation” within the meaning of section 117(m) of the Internal Revenue Code of 1939. 26 U.S. C.A. § 117 (m). The Tax Court in an…