Diebold v. Commissioner of Internal Revenue

HASTIE, Circuit Judge.

The Tax Court has sustained the Commissioner of Internal Revenue and disagreed with the taxpayer, A. J. Diebold, on the proper calculation of taxable net gain for income tax purposes on taxpayer’s 1945 sale of shares of capital stock of Die-bold Investment Company. To determine net gain on this transaction the taxpayer deducted from the sale price not only the original cost of the stock to him but also 1/7 of the total value of a bequest and devise made to Diebold Investment Company in 1927 by taxpayer’s brother F. X. Diebold. The Tax Court ruled that this was improper,…