Howard v. Commissioner of Internal Revenue

HICKENLOOPER, Circuit Judge.

Prior to 1922, petitioner had purchased, at par, $5,000 par value of the preferred capital stock of the Eddy Paper Company, a Michigan corporation. Thereafter the company became financially embarrassed and its capital was seriously impaired on November 5, 1922, when, in an effort to save some of the investment of its stockholders, the Eddy Paper Company, of Michigan, sold all of its assets to the Eddy Paper Corporation, organized under the laws of Illinois, for the sum of $625,000 and the assumption of all of the debts and liabilities of the vendor. This purchase…