Genesee Valley Gas Co. v. Commissioner of Internal Revenue

FAHY, Circuit Judge.

This is a petition for review of a decision of the Tax Court pursuant to 26 U.S.C. § 1141(a), 26 U.S.C.A. § 1141(a). The ultimate question is whether we should sustain the decision of the Tax Court which held that the petitioning taxpayer was properly assessed the statutory penalty for failure to file personal holding company tax returns for the years 1941 and 1942.

The material facts are as follows: Taxpayer is a New York corporation which has been a holding company since its organization in 1926. In 1939 it was reorganized under the Bankruptcy Act, 11 U.S.C. (1946), 11…