David L. Schroeder and Tana Schroeder v. Commissioner of Internal Revenue Service, Skyline Memorial Gardens, Inc. v. Commissioner of Internal Revenue Service

831 F.2d 856 60 A.F.T.R.2d 87 -5907, 87-2 USTC P 9589 David L. SCHROEDER and Tana Schroeder, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellee. SKYLINE MEMORIAL GARDENS, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellee. Nos. 86-7010, 86-7012. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1987. Decided Oct. 29, 1987. 1 Dana R. Taylor, Portland, Or., for petitioners-appellants. 2 William Estabrook, Washington, D.C., for respondent-appellee. 3 Appeal from a Decision of the Tax Court of the United States. 4 Before SNEED and HALL, Circuit Judges, and AGUILAR, * District Judge. 5 CYNTHIA HOLCOMB HALL, Circuit Judge:Appellants David L. Schroeder and Tana Schroeder, 1 and Skyline Memorial Gardens, Inc. filed petitions in the United States Tax Court seeking review of income tax deficiencies asserted by the Commissioner of Internal Revenue. The cases were consolidated for purposes of opinion and decision. The sole issue before the Tax Court and on appeal is whether the transfer in 1976 by appellant Schroeder of 705.6 shares of Skyline Memorial Gardens, Inc. (Skyline) stock to…