Von's Inv. Co. v. Commissioner of Internal Revenue

Petitioner seeks a review of a decision of the Board of Tax Appeals determining a deficiency in its income tax for its fiscal year ending April 30, 1930. There had been a previous review concerning the claimed deficiency in which we disposed of certain contentions of the taxpayer and the Commissioner. Von’s Investment Co. v. Commissioner, 9 Cir., 92 F.2d 861, 864 . We reversed the decision in that case and remanded with directions, “(1) to make findings as to the intent and purpose with which the transfer by Linda Von Der Ahe to petitioner and the transfer by Grocers to petitioner were made and, specifically, as to whether or not both transfers were made in furtherance of, and for the purpose of executing and putting into effect, the plan of reorganization embodied in the Merrill contract, such findings to be in addition to those heretofore made; and thereupon (2) to render such decision as the facts may warrant.”

On the remand, evidence was taken on our propounded issue of the question of intent of Linda Von Der Ahe, the wife of Charles Von Der Ahe, and the Board found: “The transfers of Von’s Inc. stock by Linda Von Der Ahe and by the Grocers Securities Co. to petitioner, in…