Dover Corporation and Subsidiaries - Page 38

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          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.                        






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