NATIONAL WEEKLIES v. COM'R OF INTERNAL REVENUE

No. 12540.

137 F.2d 39 (1943)

NATIONAL WEEKLIES, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

July 19, 1943.


Attorney(s) appearing for the Case

Sherman W. Child, of Minneapolis, Minn., for petitioner.

Warren F. Wattles, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty Gen., on the brief), for respondent.

Before THOMAS and JOHNSEN, Circuit Judges, and VOGEL, District Judge.


JOHNSEN, Circuit Judge.

The taxpayer has petitioned for review of a decision of the Board of Tax Appeals (now the Tax Court of the United States) redetermining deficiencies in its income taxes for 1935 and 1936.

The first item involved is one of $1,080, deducted by petitioner in its 1935 return as salary paid an employee named Klein. It consisted of an accumulation of sums withheld from Klein's earnings, as "a sort of sinking fund" or reserve for the payment...

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