Braunstein v. Commissioner of Internal Revenue (371 U.S. 933)/Opinion of the Court
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question:
'1. Whether Section 117(m) of the Internal Revenue Code of 1939 [[[26 U.S.C.A. § 117]](m)], which provides that gain 'from the sale or exchange * * * of stock of a collapsible corporation' is taxable as ordinary income rather than capital gain, is inapplicable in circumstances where the stockholders would have been entitled to capital-gains treatment had they conducted the enterprise in their individual capacities without utilizing a corporation.'
The case is placed on the summary calendar.
Notes[edit]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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