United States Supreme Court Cases & Opinions

U.S. Supreme Court

LeTulle v. Scofield, 308 U.S. 415 (1940)

LeTulle v. Scofield

No. 63

Argued December 4, 1939

Decided January 2, 1940

308 U.S. 415

Syllabus

1. A transaction whereby one corporation transfers all of its property to another corporation for cash and bonds of the transferee, retaining no other stake in the enterprise, is not a tax-free "reorganization" within the meaning of § 112(i) of the Revenue Act of 1928, but is a sale or exchange. P. 308 U. S. 419.

2. A respondent or an appellee may urge any matter appearing in the record in support of a judgment, but he may not attack it, even on grounds asserted in the court below, in an effort to have this Court reverse it, when he himself has not sought review of the whole judgment, or of that portion which is adverse to him. P. 308 U. S. 421.

103 F.2d 20 affirmed.

Certiorari, post, p. 531, to review the reversal of a judgment against the Collector for taxes unlawfully collected. The plaintiff sued individually and as executor of his wife's will and as her representative in the community property. The actions were consolidated and tried without a jury.

Page 308 U. S. 416