Theodore O. Wentworth and Shirley M. Wentworth v. Commissioner of Internal Revenue

LIVELY, Circuit Judge.

This appeal from the Tax Court involves questions of law only. The facts are set forth in the memorandum findings of fact and opinion of the Tax Court reported at 32 T.C.M. 925 (1973). Only those facts necessary to an understanding of this opinion are repeated. The minutes of a closely held corporation (Chemical) disclosed that the directors voted on November 30, 1965 to redeem all of the stock of T. O. Wentworth, a major shareholder (taxpayer). The stock of the shareholder was delivered to the corporation and cancelled. In return for the stock the corporation credited,…