BISHOP v. SHAUGHNESSY

Nos. 193, 199, Dockets 22240, 22241.

195 F.2d 683 (1952)

BISHOP v. SHAUGHNESSY (two cases).

United States Court of Appeals Second Circuit.

Decided March 28, 1952.


Attorney(s) appearing for the Case

Ellis N. Slack, Acting Asst. Atty. Gen., and Edmund Port, U. S. Atty., Syracuse, N. Y. (A. F. Prescott and Carolyn R. Just, of counsel), for appellant.

Smith & Sovik and Martin F. Kendrick, all of Syracuse, N. Y., for appellees.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. It may be, as the Commissioner argues, that, because of the family context, if the two taxpayers between them had had control of the corporation, both before and after the gifts of the stock, the doctrine of Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591, 68 S.Ct. 715, 92 L.Ed. 898, would govern, with the result that the dividends paid the donees of the stock would be income of those taxpayers. See...

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