Legal Opinion
I. A. Dress Co., Inc. v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided January 11, 1960No. 94, Docket 25762PublishedCited by 53 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The Tax Court sustained the Commissioner’s determination of an income tax deficiency in petitioner’s surtax for the taxable year 1949 computed under section 102 of the 1939 Code (26 U.S.C. 1952 ed., Sec. 102). Section 102(a) imposes a surtax upon the net income of a corporation, if such corporation is availed of for the purpose of preventing the imposition of surtax upon its shareholders “through the medium of permitting earnings or profits to accumulate instead of being divided or distributed.” Section 102(c) provides:
“Evidence determinative of purpose. The fact that the…
2Cases cited3 opinions
- Jerone E. Casey, Transferee of the Bankers Development Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
- Latchis Theatres of Keene, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1954
- Trico Products Corporation v. McGowanCourt of Appeals for the Second Circuit · 1948
3Cited by53 opinions
- Dixie, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
- Faber Cement Block Co. v. CommissionerUnited States Tax Court · 1968
- American Metal Products Corporation v. Commissioner of Internal Revenue, Adler Metal Products Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
- American Metal Products Corp. v. CommissionerUnited States Tax Court · 1960
- J. Gordon Turnbull, Inc. v. CommissionerUnited States Tax Court · 1963
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