Turnbow v. Commissioner, 368 U.S. 337 (1961)

Turnbow v. Commissioner of Internal Revenue


No. 60


Argued November 15-16, 1961
Decided December 18, 1961
368 U.S. 337

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

In the absence of a "reorganization," as that term is defined in § 112(g)(1)(B) and used in §112(b)(3) of the Internal Revenue Code of 1939, the gain on an exchange of stock for stock plus cash is to be recognized in full. The taxpayer is not entitled under § 112(c)(1) to have it recognized only to the extent of the cash. Pp. 337-344.

286 F.2d 669 affirmed.