Martin Ice Cream Company - Page 64

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            property, held by --(A) a taxpayer whose personal efforts created such                      
            property".  Section 1253(c) extends the exception to property whose                         
            basis is determined by reference to the basis of such property in the                       
            hands of a taxpayer as described in subparagraph (A) of section                             
            1221(3).  We do not agree with petitioner.  The legislative history of                      
            section 117(a)(1)(C) of the 1939 Internal Revenue Code, the                                 
            predecessor to section 1221(3), states that the exception was intended                      
            to deal with the writing of books and other artistic works in a very                        
            narrow sense.  See S. Rept. 2375, 81st Cong., 2d Sess. 43-44 (1950),                        
            1950-2 C.B. 483, 543-544; S. Rept. 91-552, at 198-199 (1969), 1969-3                        
            C.B. 423, 549-550 (discussing the addition of "letters, memorandums,                        
            papers, etc." to section 1221(3) under the Tax Reform Act of 1969,                          
            Pub. L. 91-172, sec. 514(a), 83 Stat. 643); see also Commissioner v.                        
            Ferrer, 304 F.2d 125, 132 (2d Cir. 1962), revg. in part and remanding                       
            35 T.C. 617 (1961).  MIC's business records do not fall under the                           
            narrow category of assets described in section 1221(3).                                     
                  Second, petitioner is deemed to have held the SIC stock for more                      
            than 1 year.  Respondent acknowledged that petitioner's transfer of                         
            assets in exchange for the stock of SIC qualified for nonrecognition                        
            under section 351.  See supra p. 46.  Under sections 1223 and 358,                          
            where a taxpayer has transferred property in a transaction that                             
            qualifies for nonrecognition under section 351, the taxpayer's holding                      
            period in the stock received in the transaction includes the period                         
            for which the taxpayer has held the property transferred in the                             
            transaction.  Petitioner's holding period in SIC stock therefore                            





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