Legal Opinion

Commissioner of Internal Revenue v. Bolender

Court of Appeals for the Seventh Circuit

Decided March 25, 1936No. 5630PublishedCited by 7 opinions

1Opinion of the Court

LINDLEY, District Judge.

Only one question is raised by this petition for review of a decision of the United States Board of Tax Appeals to the effect that in determining taxable gain arising from the sale of shares of stock of the Vogt Manufacturing Corporation, acquired through a nontaxable reorganization, the “first in, first out” rule does not apply, but that rather the average cost of the shares is the proper basis for computation of the resulting gain.

In 1929, respondent, the taxpayer, owning 116 shares of the common stock of the Carter Company, which she had previously acquired in lots…

2Cases cited4 opinions

  1. Commissioner of Internal Revenue v. Von GuntenCourt of Appeals for the Sixth Circuit · 1935
  2. Commissioner v. OliverCourt of Appeals for the Third Circuit · 1935
  3. Helvering v. StifelCourt of Appeals for the Fourth Circuit · 1935
  4. Perkins v. United StatesUnited States Court of Claims · 1935

3Cited by7 opinions

  1. Kraus v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937
  2. Haynes v. CommissionerUnited States Tax Court · 1951
  3. Arrott v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1943
  4. Bloch v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1945
  5. Crespi v. CommissionerCourt of Appeals for the Fifth Circuit · 1942

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