Cabot Corporation v. United States

The plaintiff-appellant came into existence as the result of a single transaction merging prior corporations. It would fractionate that single transaction into taxable and non-taxable parts in order to minimize the stock issue and transfer taxes imposed by §§ 4301 and 4321 of the Internal Revenue Code of 1954. The fact that the end might have been accomplished by two separate transactions only one of which would subject the plaintiff-appellant to tax is beside the point. See Founders General Corp. v. Hoey, 300 U.S. 268, at page 275, 57 S.Ct. 457 at page 460, 81 L.Ed. 639 (1937), in which the…