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Benjamin Braunstein v. Commissioner of Internal Revenue

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.

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Benjamin Braunstein v. Commissioner of Internal Revenue
(Dec 10, 1962)