Brown v. United States

PICARD, District Judge.

The question in this case revolves around whether “sale” of certain stocks should be reported as “capital gain” or “dividend.” Plaintiffs, the taxpayers, first made their returns as “capital gain” but the Internal Revenue Department assessed deficiencies which taxpayers now sue to recover.

Here are the facts—•

Saginaw Transfer Company, Inc. (hereinafter called “Transfer”) was incorporated October 1, 1945 as a public carrier with terminals throughout the state of Michigan and certain places in Illinois. Two years later, January 29, 1947, Saginaw Transfer Equipment Company…