Bavis v. Commissioner of Internal Revenue. Bell v. Commissioner of Internal Revenue. Gianguilio v. Commissioner of Internal Revenue

GOODRICH, Circuit Judge.

These appeals, all presenting the same legal point, bring up the question whether certain stock issued to the taxpayer is to be treated as back pay under the provisions of Section 107(d) of the Internal Revenue Code, 26 U.S.C. § 107(d).

The facts were stipulated.. Those applicable to this appeal may be briefly summarized. Davitt D. Chidester died in 1927. He owned, as sole .proprietor, the Chiches-ter Chemical Company and other assets not material here. He was heavily ‘indebted. The net book value of the tangible assets of his Chichester Company was but $7,886.72,…