B. D. PHILLIPS, INC. v. COMMISSIONER OF INTERNAL REVENUE

Nos. 8165-8168.

134 F.2d 73 (1943)

B. D. PHILLIPS, Inc., v. COMMISSIONER OF INTERNAL REVENUE (two cases). B. D. PHILLIPS v. SAME (two cases).

Circuit Court of Appeals, Third Circuit.

Decided February 17, 1943.


Attorney(s) appearing for the Case

William Wallace Booth, of Pittsburgh, Pa. (Rolland L. Ehrman, and John L. Wilson, both of Butler, Pa., W. A. Seifert, and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., on the brief), for petitioner.

William A. Clineburg, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

This appeal involves personal holding company surtaxes for the years 1937 and 1938. The petitioners are B. D. Phillips, Incorporated, a Delaware corporation, and B. D. Phillips, its sole shareholder. The latter, it has been stipulated, is liable as the transferee of the entire assets of the corporation for any deficiencies in taxes determined to be due from the corporation for the years in question. The issue presented is whether certain payments...

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