- 38 - assets in the taxpayer’s hands and the taxpayer’s sale of those assets resulted in a capital loss. Id. at 386. Both the result in Acro Manufacturing Co. v. Commissioner, supra, and our reasoning in reaching that result were affirmed by the Court of Appeals for the Sixth Circuit. Acro Manufacturing Co. v. Commissioner, 334 F.2d 40 (6th Cir. 1964). In affirming our decision that the taxpayer’s “minimal, transitory” period of actual ownership of assets whose character was non-capital in Button’s hands was insufficient to establish their character as non-capital assets in the taxpayer’s hands, the Court of Appeals observed that it was “not advised of any showing by the taxpayer’s corporate records” that the taxpayer did, in fact, operate the button business for any period of time. Id. at 44.15 While the facts of Acro Manufacturing Co. v. Commissioner, 39 T.C. 377 (1962), involve an actual, rather than a deemed, section 332 liquidation, we do not believe that that is a consequential difference. Because the period between the deemed distribution in liquidation of H&C’s assets and the deemed sale of those assets can be described as a “minimal, transitory 15 Respondent points out that Dover UK failed to report any income from H&C’s business on its 1997 return filed with the United Kingdom Inland Revenue. While we deem that fact irrelevant, we note that Dover UK’s United Kingdom tax reporting position is justified by the fact that H&C’s disregarded entity election resulted in a deemed liquidation of H&C effective for United States, but not United Kingdom, tax purposes.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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