Stern Bros. & Co. v. United States

REEVES, District Judge.

In this suit, and because of the nature of the transaction, the plaintiff challenges the right of the government to impose a tax upon the increase of its selling price over its purchasing price of a block of its own shares.

On November 9, 1934 plaintiff acquired 50 shares of its own stock at a price of $5,000 which it carried in its treasury until the 10th day of November 1936. It then sold such shares for $9,871.45. The increase was reported in its income tax return for that year but was deducted from the gross income. The Commissioner of Internal Revenue, however,…