Dibblee v. Commissioner

CAVANAH, District Judge.

This case involves a deficiency in income taxes in the sum of $1,690.30 for the year 1928. The Board of Tax Appeals redetermined the deficiency and affirmed the determination of the Commissioner, wherein it was held that petitioner acquired the securities in question at the date of the distribution and not at the time of her mother’s death. Petitioner contends that the Board erred in holding that the two-year period contemplated by the “capital net gain” provision of section 101 of the Revenue Act of 1928 (26 USCA § 2101) commenced to run from the date of distribution…