Legal Opinion

Henry Van Hummell, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Tenth Circuit

Decided September 12, 1966No. 8104_1PublishedCited by 39 opinions

1Opinion of the Court

SETH, Circuit Judge.

This is a petition for review of a decision of the Tax Court (23 T.C.M. 1765) which upheld the Commissioner’s determination that petitioner was subject to the accumulated earnings tax imposed under Section 531 of the 1954 Internal Revenue Code. The Tax Court concluded that the petitioner accumulated profits in excess of the needs of the business, and that the accumulation was to avoid taxes. The deficiencies found were for the years 1956, 1957, 1958, and 1959, and total $147,204.60. The petitioner moved the Tax Court for a new trial and for reconsideration, but the motion…

2Cases cited5 opinions

  1. Charles Oran Mensik and Mary Mensik v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1964
  2. The Smoot Sand & Gravel Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1957
  3. World Pub. Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1948
  4. K O M A, Inc. v. Commissioner of Internal Revenue. Tulsa Broadcasting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1951
  5. Henry Van Hummell, Inc. v. CommissionerUnited States Tax Court · 1964

3Cited by39 opinions

  1. Ivan Allen Co. v. United StatesSupreme Court of the United States · 1975
  2. Estate of Goodall v. CommissionerCourt of Appeals for the Eighth Circuit · 1968
  3. Battelstein Investment Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  4. Rutter v. CommissionerUnited States Tax Court · 1983
  5. Motor Fuel Carriers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1977

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