SANFORD CORPORATION v. COMMISSIONER OF INTERNAL REV.

No. 6993.

106 F.2d 882 (1939)

SANFORD CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

September 21, 1939.


Attorney(s) appearing for the Case

Theodore B. Benson and Charles E. Foster, Jr., both of Washington, D. C., for petitioner.

James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Charles A. Horsky, Sp. Atty., of Washington, D. C., for respondent.

Before BIGGS, MARIS, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

The case at bar is summed up in the language of the Prentice Hall Service as follows: "4831-A. Dividend of personal holding company held not paid within taxable year. — A personal holding corporation on a cash basis declared a dividend one day prior to the close of its fiscal year. Its sole stockholder, who alone had authority to pay out funds, was in a distant state and was not informed of the dividend until after the close of the fiscal...

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