ILLINOIS AGRICULTURAL HOLD. CO. v. COMMISSIONER OF INT. REV.

No. 8025.

131 F.2d 583 (1942)

ILLINOIS AGRICULTURAL HOLDING CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

December 7, 1942.


Attorney(s) appearing for the Case

C. C. Chapelle, Paul E. Mathias, and Harry Meloy, all of Chicago, Ill., for petitioner.

J. P. Wenchel and Charles E. Lowery, both of Washington, D.C., for respondent.

Homer Miller, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Newton K. Fox, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before EVANS, SPARKS, and MINTON, Circuit Judges.


SPARKS, Circuit Judge.

The sole question presented by this petition to review a decision of the United States Tax Court is whether the distribution of certain funds by petitioner constituted payments in the nature of dividends or of ordinary and necessary business expenses.

Petitioner is, as its name implies, a holding company, organized under the Business Corporation Act of Illinois, Ill.Rev.Stat. 1941, c. 32, § 157.1 et seq., to hold and deal in the...

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