United States Tenth Circuit

Where the substance over form doctrine was the legal standard governing the transaction's characterization for tax purposes, the economic realities of the transaction at issue dictate the conclusion that a redemption of plaintiff's stock had occurred, and the transaction was properly recharacterized as a sale for tax purposes.

Appellate Information

• Decided 02/22/2002
• Published 02/22/2002

Judges

• HENRY, Circuit Judge., Before BRORBY, HOLLOWAY, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kelley D. Sears (Stanley P. Weiner, Sylvan Siegler and Susan A. Berson, with him on the briefs), Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Plaintiffs-Appellants.


• For Appellees:
  
• Kenneth W. Rosenberg, Attorney, Tax Division, (Eileen J. O'Connor, Assistant Attorney General, James E. Flory, United States Attorney, and Richard Farber, Attorney, Tax Division, with him on the briefs), United States Department of Justice, Washington, DC, for Defendant-Appellee.