Covey Investment Company v. United States

DAVID T. LEWIS, Circuit Judge.

The question presented is whether the District Court for the District of Utah erred in holding that certain notes executed by the appellant taxpayer represented equity investments rather than corporate debts during the tax years 1959-1962. Taxpayer during the subject years had deducted from its annual gross income amounts designated as interest on an indebtedness of $365,000, asserted to exist in the outstanding and overdue notes. 1 The Commissioner disallowed the deduction, taxpayer paid the deficiency in full, and then filed this action to recover the amount so…