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CHAPTER 70.-JEOPARDY, BANKRUPTCY AND

RECEIVERSHIPS

SUBCHAPTER A.-JEOPARDY

PART II-JEOPARDY ASSESSMENTS

SECTION 6861.-JEOPARDY ASSESSMENTS OF INCOME, ESTATE, AND GIFT TAXES

26 CFR 301.6861-1: Jeopardy assessments of income, estate, and gift taxes.

Amended regulations authorizing directors of the regional service centers to abate certain jeopardy assessments. See T.D. 6585, page

290.

CHAPTER 74.-CLOSING AGREEMENTS AND

COMPROMISES

SECTION 7122.-COMPROMISES

26 CFR 301.7122-1: Compromises.

Procedure for submission and handling of offers in compromise with respect to tobacco products, cigarette papers and tubes, and firearms. See Rev. Proc. 62-11, page 440.

CHAPTER 75.-CRIMES, OTHER OFFENSES, AND
FORFEITURES

SUBCHAPTER A.-CRIMES

PART I.-GENERAL PROVISIONS

SECTION 7209.-UNAUTHORIZED USE OR SALE
OF STAMPS

26 CFR 47.7209: Statutory provisions;

unauthorized use or sale of stamps.

Regulations under the Internal Revenue Code of 1954 relating to the unauthorized use or sale of documentary stamps. See T.D. 6589, page 228.

CHAPTER MISCELLANEOUS PROVISIONS

ENTRY-EXEMPTION FROM TAX OF DOMESTIC PICES BTE HASED FOR THE UNITED STATES

15 F3 5-1. W drawal of filled cheese

ani ang maris from factories, free of

1

raz for use of the United States.

Whether manufacturers of playing cards may ship cards, free of the excise tax, to representatives of the United States Veterans Adminiration for gratuitous distribution to members of the Armed Forces of the United States who are patients in hospitals and institutions operated by the governments of the several States and the District of Columbia. See Rev. Rul. 62-18, page 276.

SECTION 7514.-AUTHORITY TO PRESCRIBE OR MODIFY SEALS

26 CFR 301.7514-1: Seals of office.

Amended regulations establishing an oficial seal of office for the Dietor of Atlanta Regional Service Center, Atlanta, Georgia. See 12.6385, page 290.

CHAPTER 78.-DISCOVERY OF LIABILITY AND
ENFORCEMENT OF TITLE

SUBCHAPTER B.-GENERAL POWERS AND DUTIES

SECTION 7622.-AUTHORITY TO ADMINISTER OATHS AND CERTIFY

26 CFR 301.7622-1: Authority to administer

oaths and certify.

Amended regulations authorizing directors of regional service centers to administer oaths and certify. See Dr. 6585, page 290.

CHAPTER 79-DEFINITIONS

SECTION FIGURACIONS

26 CFR 301.7701-9: Secretary or vs želegson,

Amended regulations authorizing Pwers regional service centers to perform delegated movies 20

e Secretary. See T.D.

6585, page 290.

PART II

RULINGS AND DECISIONS UNDER THE INTERNAL REVENUE CODE OF 1939, THE FEDERAL FIREARMS ACT, AND OTHER PUBLIC LAWS

SUBPART A.-RULINGS AND DECISIONS UNDER THE INTERNAL REVENUE CODE OF 1939

Rulings and decisions published in Part II, Subpart A, of the Internal Revenue Bulletin are based on the applications of provisions of the Internal Revenue Code of 1939 and unless otherwise noted therein are published without consideration to any application of the provisions of the Internal Revenue Code of 1954, the Federal Firearms Act, or other public laws.

SUBTITLE A.-TAXES SUBJECT TO THE JURISDICTION OF THE BOARD OF TAX APPEALS

CHAPTER 1.-INCOME TAX

SUBCHAPTER B.-GENERAL PROVISIONS
PART II.-COMPUTATION OF NET INCOME

SECTION 23 (1).—DEDUCTIONS FROM GROSS INCOME:

DEPRECIATION

REGULATIONS 111, SECTION 29.23 (1)-1:
Depreciation.

Rev. Rul. 62-59 1

The Internal Revenue Service will follow the decision of the United States Court of Appeals for the First Circuit in Boston & Maine Railroad v. Commissioner, 206 Fed. (2d) 617 (1953).

The Court held that the retirement method of accounting was a form of depreciation accounting and came under section 23(1) of the Internal Revenue Code of 1939, rather than section 23(f).)

1

Where a taxpayer has consistently employed the retirement method of accounting and has maintained continuously a regular and consistent practice of handling retirements, the opinion of the Court here

1 Based on Technical Information Release 373, dated March 27, 1962.

with respect to the time of deduction will be followed in the absence of indications of bad faith or abuse.

SECTION 23 (m). DEDUCTIONS FROM GROSS INCOME:

DEPLETION

REGULATIONS 111, SECTION 29.23 (m)-1: Depletion

of mines, oil and gas wells, other natural de-
posits, and timber; depreciation of improve-

ments.

Extent to which the reduction in size of stone will be considered an ordinary treatment process for purposes of computing gross income from the property. See Rev. Rul. 62-5, page 88.

REGULATIONS 118, SECTION 39.23 (m)-1: Depletion of mines, oil and gas wells, other natural deposits, and timber; depreciation of improve

ments.

Extent to which the reduction in size of stone will be considered an ordinary treatment process for purposes of computing gross income from the property. See Rev. Rul. 62–5, page 88.

PART V.-RETURNS AND PAYMENT OF TAX

SECTION 55.—PUBLICITY OF RETURNS

26 CFR 458.324: Inspection of returns by committees of Congress other than those enumerated in section 55 (d) of the Internal Revenue Code of 1939.

Inspection of certain returns by the Senate Committee on the Judiciary. See E.O. 10981, page 288.

Inspection of certain returns by the Senate Committee on Armed Services. See E.O. 11020, page 289.

SUBCHAPTER C.-SUPPLEMENTAL PROVISIONS

SUPPLEMENT B.-COMPUTATION OF NET INCOME

SECTION 112(a).-RECOGNITION OF GAIN OR LOSS: GENERAL RULE

REGULATIONS 118, SECTION 39.112(a)-1: Sales

or exchanges.

An exchange of stock for stock plus cash in the absence of a statutory reorganization. See Ct. D. 1868, below.

SECTION 112(c).-RECOGNITION OF GAIN OR LOSS: GAIN FROM EXCHANGES NOT SOLELY IN KIND

REGULATIONS 118, SECTION 39.112 (c)-1: Receipt of other property or money in tax-free exchange not connected with corporate reorganization.

(Also Section 112(a); Regulations 118, Section 39.112(a)-1.)

(Also Part I, Sections 356, 1002; 26 CFR

1.356-1, 1.1002-1.)

Ct. D. 1868

INCOME TAX-INTERNAL REVENUE CODE OF 1939-DECISION OF COURT

1. GAIN OR LOSS-EXCHANGE OF STOCK FOR STOCK PLUS CASH-
ACTUAL "REORGANIZATION" MUST EXIST BEFORE SEC. 112(c) (1)
CAN APPLY.

In the absence of a "reorganization" as that term is defined in sec-
tion 112(g) (1) (B) and used in section 112(b)(3) of the Internal
Revenue Code of 1939, the gain on an exchange of stock for stock
plus cash is to be recognized in full and not only to the extent of the
cash received. The transfer in 1952 by taxpayers of all of the out-
standing stock of a Nevada corporation in exchange for a minor per-
centage of stock in a New York corporation and cash (approxi-
mately 30 per centum in stock and 70 per centum in cash) is not a
"reorganization" as defined in section 112(g) (1) (B), section
112 (c) (1) does not apply, and gain on the exchange is recognized in
full.

2. JUDGMENT AFFIRMED.

Judgment of the United States Court of Appeals for the Ninth
Circuit, 286 Fed. (2d) 669 (1960), affirmed.

SUPREME COURT OF THE UNITED STATES

No. 60.-October Term, 1961

Grover D. Turnbow and Ruth H. Turnbow, petitioners v. Commissioner of Internal Revenue

On writ of certiorari to the United States Court of Appeals for the Ninth Circuit

[December 18, 1961.]

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

This case involves and turns on the proper interpretation and interaction of sections 112(g) (1) (B), 112(b)(3) and 112(c)(1) of the Internal Revenue

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