United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, Deceased

WISDOM, Circuit Judge.

The problem this tax case presents results from the termination of an employee retirement plan incident to a change of stock ownership of the corporate junployer. Section 402(a) (2) of the Internal Revenue Code of 1954 provides that a lump-sum distribution from a qualified employees’ trust will be treated as a capital gain, if the distribution is paid “on account of the employee’s death or other separation from the service of his employer.1 Congressional reti*944cence on the effect of termination of employee trusts;2 certain Janus-like Internal Revenue rulings on which both…