K O M A, Inc. v. Commissioner of Internal Revenue. Tulsa Broadcasting Co. v. Commissioner of Internal Revenue

HUXMAN, Circuit Judge.

This is an appeal from the judgment of the United States Tax Court, approving the determination of the Commissioner that for the years 1943 and 1944 appellant taxpayers were subject to the surtax imposed by Section 102(a) of the Internal Revenue Code, 26 U.S.C.A. Internal Revenue Code, § 102(a).

Section 102(a) imposes an additional tax upon the net income of a corporation formed or availed of for the purpose of preventing the imposition of the surtax upon its stockholders or the stockholders of any other corporation, through the medium of permitting earnings or profits to…