GEORGE KEMP REAL ESTATE CO.
v.
COMMISSIONER OF INTERNAL REVENUE

2d Cir. | 1953-06-18
Nos. 62, Docket 22373
205 F.2d 236 United States Court of Appeals for the Second Circuit (1953) Caution
Cited by 54 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Since the Tax Court based its decision on the application as a matter of law of the doctrine, of collateral estoppel, we have jurisdiction to review despite the provisions .of § 732(c) of the Internal Revenue Code, 26 U.S.C.A. § 732(c). Compare H. Fendrich, Inc. v. Commissioner, 7 Cir., 192 F. 2d 916 with George Kemp Real Estate Co. v. Commissioner, 2 Cir., 182 F. 2d 847, certiorari denied 340 U.S. 852, 71 S.Ct. 80, 95 L.Ed. 624. The decision was not, in the language of the statute, “necessary solely by.reason of section * * * 722.” •

The-principles of collateral estoppel were correctly applied and the decision is affirmed on the opinion of the Tax Court, 17 T.C. 755,


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