Legal Opinion

Beech v. Commissioner

Court of Appeals for the Third Circuit

Decided January 30, 1936No. 5712PublishedCited by 2 opinions

1Opinion of the Court

KIRKPATRICK, District Judge.

The question presented by this petition for review of the decision of the Board of Tax Appeals is whether gain arising from an exchange of stock was taxable.

The exemption claimed is under section 112 (b) (3), Revenue Act 1928 (26 U.S.C.A. § 112 and note), which is as follows: “(3) Stock for stock on reorganization. No gain or loss shall be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the…

2Cases cited3 opinions

  1. Phillips v. CommissionerSupreme Court of the United States · 1931
  2. Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
  3. Cortland Specialty Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1932

3Cited by2 opinions

  1. Lauriston Inv. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
  2. Commissioner of Internal Revenue v. BashfordCourt of Appeals for the Third Circuit · 1937

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