John E. Palmer v. Commissioner of Internal Revenue

Simplifying the facts, taxpayer, actually husband and wife, owned all of the stock of J. E. Palmer Co. The company was heavily indebted to a bank, and losing money. The bank requested collateral. Taxpayer, owning personally a piece of real estate, gave the bank a mortgage thereon to secure the company’s loan. Subsequently, taxpayer and the bank agreed that the property should be sold, the proceeds to be applied to reduce the company’s debt. Taxpayer sought a purchaser, and entered into a contract to sell him the property for $35,000. This agreement was consummated to the extent of taxpayer’s…