Massachusetts Medical Society v. United States

McENTEE, Circuit Judge.

Taxpayer, a corporation exempt from income taxes under § 501(c)(6) of the Internal Revenue Code, publishes the New England Journal of Medicine, an activity admittedly related to its educational purpose. In 1968 the Commissioner, citing newly adopted regulations, asserted deficiencies against taxpayer on the ground that the profits from advertising in the Journal constituted taxable income of an unrelated trade or business as defined by then Int.Rev.Code §§ 511-13. 1 Taxpayer paid the deficiency and brought the instant suit for refund, and the court granted its motion…