Charter Wire, Inc. v. United States

SWYGERT, Circuit Judge.

This is an appeal from a judgment dismissing two consolidated actions by taxpayer, Charter Wire, Inc., for refunds of income tax for the years 1952 through 1955. During this period taxpayer paid to noteholders, who were also its sole shareholders, a total of $15,489.38 and deducted the payments as'interest on its tax returns. The Commissioner of Internal Revenue determined that the payments represented dividend distributions rather than interest on “indebtedness” as contemplated by Section 23(b) of the Internal Revenue Code of 1939 1 and Sec tion 163(a) of the Internal…