MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
No. 174.
Respondent, a Minnesota corporation with three stockholders, assailed a deficiency assessment for 1928 income tax, and prevailed below. The Commissioner seeks reversal. He claims the transaction out of which the assessment arose was not a reorganization within § 112, par. (i) (1) (A), Revenue Act, 1928, c. 852, 45 Stat. 791: "The term `reorganization' means (A) a merger or consolidation...
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