SEABOARD SURETY CO.

v.

UNITED STATES

Citator

Cited By

• Commissioner of Internal Revenue v. Starr Bros., Inc., 204 F.2d 673 (2d Cir. 1953)
  …s also given a very broad construction to “sale or exchange”. See Commissioner v. Golonsky, 3 Cir., 200 F. 2d 72, involving surrender of a lease to the lessor.2 Our own decision in McAllister v. Commissioner, 2 Cir., 157 F. 2d 235, certiorari denied 330 U.S. 826, 67 S.Ct. 864, 91 L.Ed. 1276, where transfer by a life tenant to the remainderman for a sum of money was held to constitute a sale, is also cited as inconsistent with the conclusion that termination of the 1903 contract was not a sale. That case was…
• Commissioner of Internal Revenue v. Golonsky, 200 F.2d 72 (3d Cir. 1952)
  …emainderman, this is a transfer of a capital asset and any profit thereon is to be taxed as a capital gain. Bell’s Estate v. Commissioner, 8 Cir., 1943, 137 F. 2d 454; McAllister v. Commissioner, 2 Cir., 1946, 157 F. 2d 235, certiorari denied, 1947, 330 U.S. 826, 67 S.Ct. 864, 91 L.Ed. 1276; Allen v. First National Bank and Trust Co., 5 Cir., 1946, 157 F. 2d 592, certiorari denied, 1947, 330 U.S. 828, 67 S.Ct. 868, 91 L.Ed. 1277. Why then is a transfer of a leasehold interest by a tenant to a landlord not…
• Commissioner of Internal Revenue v. McCue Bros. & Drummond, Inc., 210 F.2d 752 (2d Cir. 1954)
  …e. Moreover, the transaction seems closer to those cases holding that gain derived by the holder of a life interest upon sale to the remainderman is to be taxed as a capital gain. McAllister v. Commissioner, 2 Cir., 157 F. 2d 235, certiorari denied 330 U.S. 826, 67 S.Ct. 864, 91 L.Ed. 1276; Bell’s Estate v. Commissioner, 8 Cir., 137 F. 2d 454. The decision of the Supreme Court in Hort v. Commissioner, 313 U.S. 28, 61 S.Ct. 757, 85 L.Ed. 1168, does not require a different result. There, in holding a payment…