Legal Opinion

Faber Cement Block Co. v. Commissioner

United States Tax Court

Decided May 20, 1968No. Docket No. 4636-66PublishedCited by 78 opinions

Petitioner's liquid assets were fully committed to the reasonable needs of its business, as reflected in sufficiently definite plans for expansion and working capital requirements, to justify the retention of its entire accumulation of earnings and profits during 1961, 1962, and 1963. Consequently, petitioner was not liable for the surtax imposed by sec. 531, I.R.C. 1954.

1Opinion of the Court

Tannenwald, Judge:

Respondent determined deficiencies in accumulated earnings taxes for the taxable years 1961,1962, and 1963 in the respective amounts of $50,928.91, $34,317.22, and $55,824.07. The sole question for our consideration is whether petitioner was availed of for the purpose of avoiding Federal income taxes with respect to its shareholders.

FINDINGS OF FACT

Some of tlie facts Rave been stipulated. Those facts and the exhibits attached thereto are hereby incorporated by this reference.

Petitioner, Faber Cement Block Co., Inc. (hereinafter referred to as Faber Block), is a New Jersey…

2Cases cited26 opinions

  1. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  2. The Smoot Sand & Gravel Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1960
  3. Dixie, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
  4. Pelton Steel Casting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1958
  5. John P. Scripps Newspapers v. CommissionerUnited States Tax Court · 1965

21 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Dielectric Materials Co. v. CommissionerUnited States Tax Court · 1972
  2. Magic Mart, Inc. v. CommissionerUnited States Tax Court · 1969
  3. Atlas Tool Co. v. CommissionerUnited States Tax Court · 1978
  4. Rutter v. CommissionerUnited States Tax Court · 1983
  5. Atlantic Properties, Inc. v. CommissionerUnited States Tax Court · 1974

73 more not listed; retrieve them via the Exa API.

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