R. L. Blaffer & Co. v. Commissioner

Hill,

dissenting: The majority opinion is predicated upon the findings of fact that “petitioner was a mere holding or investment company”, and that “it was formed or availed of for the purpose of preventing the imposition of the surtax upon its shareholders through the medium of permitting its gains and profits to accumulate instead of being divided or distributed.” It is said that petitioner has the burden of proving a complete lack of the condemned purpose, and if it does not do so it must fail, regardless of what other purposes it may prove. The evidence submitted is, in my opinion, amply…