Apollo Industries, Inc., Etc. v. Commissioner of Internal Revenue

COFFIN, Circuit Judge.

The petition for review in this case challenges the Tax Court’s decision determining deficiencies in the federal income taxes due from petitioner for 1956 and 1957 in the amounts of $50,486.82 and $42,124.18, respectively. The deficiencies are based on the Tax Court’s conclusion that, during these years, the petitioner’s predecessor was subject to an accumulated earnings tax (under 26 U.S.C. § 531) because it had been “availed of” for the purpose of avoiding shareholders’ income taxes by accumulating earnings rather than distributing them as dividends (26 U.S.C. § 532).…