(dissenting) .
I think that the net effect of the facile operation disclosed in this case amounts to the distribution of a taxable dividend to the taxpayer. I do not think that the Schmitt decision controls here. Quite the contrary to the Schmitt facts, this taxpayer himself acquired a valuable option to buy the shares and solely on the theory of a gift of the option rights would make the corporation the true purchaser. I agree with the Tax Court that “The assignment of the option contract to J. R. Holsey Sales Co. was clearly for the purpose of having that company pay the $80,000 in exercise of the option that was executed for petitioner’s personal benefit. The payment was intended to secure and did secure for petitioner exactly what it was always intended he should get if he made the payment personally, namely, all of the stock in J. R. Holsey Sales Co.”
I would affirm the Tax Court decision.