Legal Opinion

Young Motor Company, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the First Circuit

Decided August 16, 1960No. 5628_1PublishedCited by 21 opinions

1Opinion of the Court

ALDRICH, Circuit Judge.

This is a petition by a corporate taxpayer to review a decision of the Tax Court upholding a tax for the years 1950, 1951, and 1952 under section 102(a)- of the Internal Revenue Code of 1939. This section imposes an additional tax upon corporations (other than personal holding companies) “ * * * if such corporation * * * is * * * availed of for the purpose of preventing the imposition of the surtax upon its shareholders or the shareholders of any other corporation, through the medium of permitting earnings or profits to accumulate instead of being divided or distributed…

2Cases cited5 opinions

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. United Business Corporation v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1933
  3. Pelton Steel Casting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1958
  4. Pelton Steel Casting Co. v. CommissionerUnited States Tax Court · 1957
  5. United States v. R. C. Tway Coal Sales Co.Court of Appeals for the Sixth Circuit · 1935

3Cited by21 opinions

  1. United States v. Donruss Co.Supreme Court of the United States · 1969
  2. Barrow Manufacturing Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1961
  3. Mountain State Steel Foundries, Inc., and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1960
  4. R. Gsell & Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1961
  5. Electric Regulator Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964

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