FIDELITY SAVINGS & LOAN ASS'N v. BURNET

No. 5719.

65 F.2d 477 (1933)

FIDELITY SAVINGS & LOAN ASS'N v. BURNET, Commissioner of Internal Revenue.

Court of Appeals of the District of Columbia.

Decided April 24, 1933.

Rehearing Denied May 26, 1933.


Attorney(s) appearing for the Case

L. L. Hamby, of Washington, D. C., for appellant.

G. A. Youngquist, Sewall Key, John H. McEvers, W. C. Thompson, C. M. Charest, and Prew Savoy, all of Washington, D. C., for appellee.

Orrick, Palmer & Dahlquist, of San Francisco, Cal., amici curiæ.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.


GRONER, Associate Justice.

Appellant is a building and loan association organized under the laws of California. In its income tax returns it deducted as a part of its expenses sums paid to its stockholders semiannually for the years 1921 to 1926, inclusive. The Board decided against the claim, and the question we have to decide is whether amounts paid by appellant to the holders of its "passbook stock" and/or its "full-paid capital stock" were nondeductible dividend...

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