Legal Opinion

Wellman Operating Corp. v. Commissioner

United States Tax Court

Decided October 30, 1959No. Docket No. 63326Published

Held, petitioner was availed of during the taxable years for the purpose of preventing imposition of surtax upon its shareholders by permitting earnings and profits to accumulate instead of being divided or distributed. Sec. 102, I.R.C. 1939.

1Opinion of the Court

Wellman Operating Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Wellman Operating Corp. v. Commissioner

Docket No. 63326

United States Tax Court

33 T.C. 162; 1959 U.S. Tax Ct. LEXIS 47;

October 30, 1959, Filed

Decision will be entered for the respondent.

Held, petitioner was availed of during the taxable years for the purpose of preventing imposition of surtax upon its shareholders by permitting earnings and profits to accumulate instead of being divided or distributed. Sec. 102, I.R.C. 1939.

Mark M. Horblit, Esq., for the petitioner.

William T. Holloran, Esq., for the…

2Cases cited11 opinions

  1. Pelton Steel Casting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1958
  2. Pelton Steel Casting Co. v. CommissionerUnited States Tax Court · 1957
  3. Dixie, Inc. v. CommissionerUnited States Tax Court · 1958
  4. I. A. Dress Co. v. CommissionerUnited States Tax Court · 1959
  5. Kerr-Cochran, Inc. v. CommissionerUnited States Tax Court · 1958

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