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  • 244 F.2d 408 57-1 USTC P 9632

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    This document summarizes 12 cases that were brought before the United States Court of Appeals for the Tenth Circuit regarding the tax liabilities of individual petitioners for the years 1946 and 1948 and a corporate petitioner for the years 1947-1949. The Tax Court had previously determined that income claimed by the individual petitioners as proceeds from a sale should be treated as dividend income instead and subject to normal tax rates. The Court of Appeals affirms the decisions of the Tax Court, finding the factual circumstances and legal issues to be identical to a prior case the court had considered, where the court also affirmed the Tax Court's conclusions. Although petitioners attempted to distinguish the cases, the court found no meaningful factual or legal distinctions. The decision of

    Original Description:

    Filed: 1957-04-19 Precedential Status: Precedential Citations: 244 F.2d 408 Docket: 5465-5476

    Original Title

    Ainslie Perrault and Mae Frances Perrault v. Commissioner of Internal Revenue, Repsondent. R. M. Gunn v. Commissioner of Internal Revenue, (Two Cases). Alma L. Gunn v. Commissioner of Internal Revenue, Arthur T. Saunders v. Commissioner of Internal Revenue, Margueret A. Saunders v. Commissioner of Internal Revenue, Arthur T. Saunders and Margueret A. Saunders v. Commissioner of Internal Revenue, R. E. Stanford v. Commissioner of Internal Revenue, Peggy Q. Stanford v. Commissioner of Internal Revenue, Ainslie Perrault v. Commissioner of Internal Revenue, Mae Frances Perrault v. Commissioner of Internal Revenue, Allied Paint Manufacturing Co. v. Commissioner of Internal Revenue, 244 F.2d 408, 10th Cir. (1957)

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    This document summarizes 12 cases that were brought before the United States Court of Appeals for the Tenth Circuit regarding the tax liabilities of individual petitioners for the years 1946 and 1948 and a corporate petitioner for the years 1947-1949. The Tax Court had previously determined that income claimed by the individual petitioners as proceeds from a sale should be treated as dividend income instead and subject to normal tax rates. The Court of Appeals affirms the decisions of the Tax Court, finding the factual circumstances and legal issues to be identical to a prior case the court had considered, where the court also affirmed the Tax Court's conclusions. Although petitioners attempted to distinguish the cases, the court found no meaningful factual or legal distinctions. The decision of

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    16 views3 pages

    244 F.2d 408 57-1 USTC P 9632

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    This document summarizes 12 cases that were brought before the United States Court of Appeals for the Tenth Circuit regarding the tax liabilities of individual petitioners for the years 1946 and 1948 and a corporate petitioner for the years 1947-1949. The Tax Court had previously determined that income claimed by the individual petitioners as proceeds from a sale should be treated as dividend income instead and subject to normal tax rates. The Court of Appeals affirms the decisions of the Tax Court, finding the factual circumstances and legal issues to be identical to a prior case the court had considered, where the court also affirmed the Tax Court's conclusions. Although petitioners attempted to distinguish the cases, the court found no meaningful factual or legal distinctions. The decision of

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    of 3

    244 F.

    2d 408
    57-1 USTC P 9632

    Ainslie PERRAULT and Mae Frances Perrault, Petitioners,


    v.
    COMMISSIONER OF INTERNAL REVENUE, Repsondent.
    R. M. GUNN, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent
    (two cases).
    Alma L. GUNN, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Arthur T. SAUNDERS, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Margueret A. SAUNDERS, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Arthur T. SAUNDERS and Margueret A. Saunders,
    Petitioners,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    R. E. STANFORD, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Peggy Q. STANFORD, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Ainslie PERRAULT, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Mae Frances PERRAULT, Petitioner,
    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.

    ALLIED PAINT MANUFACTURING CO., Petitioner,


    v.
    COMMISSIONER OF INTERNAL REVENUE, Respondent.
    Nos. 5465-5476.

    United States Court of Appeals Tenth Circuit.


    April 19, 1957.

    Graham Loving, Jr., Oklahoma City, Okl. (Louis Eisenstein, Washington,


    D.C., and James D. Fellers, Oklahoma City, Okl., were with him on the
    brief), for petitioners.
    David O. Walter, Washington, D.C. (Charles K. Rice, Asst. Atty. Gen.,
    Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington,
    D.C., were with him on the brief), for respondent.
    Before HUXMAN, MURRAH and LEWIS, Circuit Judges.
    PER CURIAM.

    Petitioners seek to review decisions of the Tax Court involving the personal
    income tax liabilities of the individual petitioners for the years 1946 and 1948
    and the corporate income tax liability of the Allied Paint Company for the
    years 1947, 1948, and 1949. The Tax Court has determined that income
    claimed by the individual petitioners as proceeds from a sale and taxable as a
    capital gain should be treated as dividend income and subject to normal rates.1
    The corporate adjustments are routine if the Tax Court's position is sound as
    applied to the individual petitioners.

    The basic transaction giving rise to the instant dispute is the identical
    transaction involved in this court's consideration of Houck v. Hinds, 10 Cir.,
    215 F.2d 673. The individual parties here were partners of Houck whose case
    was considered on appeal for claim of refund for the year 1946. The
    substantive question presented is identical and, in reliance upon Houck, the Tax
    Court has reached the same conclusions and result as we affirmed in that case.

    Although petitioners have elaborately briefed the case they can draw no factual
    or legal distinction of significance between the two cases. In Houck the

    findings of fact were sustained by this court without examination because the
    record did not contain the transcript of testimony below. In the present case the
    record is complete and the findings, adequately supported by the evidence, are
    substantially the same.
    4

    The decision of the Tax Court of the United States in each case is affirmed.

    The findings and opinion of the Tax Court are reported at 25 T.C. 424 and 25
    T.C. 439

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