CALIFORNIA MOTOR TRANSPORT CO., LTD. v. COMMISSIONER

Docket Nos. 108467, 111613, 108468, 111612.

1 T.C.M. 974 (1943)

California Motor Transport Co., Ltd., a Corporation v. Commissioner. California Motor Express, Ltd., a Corporation v. Commissioner.

United States Tax Court.

Entered April 23, 1943.


Attorney(s) appearing for the Case

Norman A. Eisner, Esq., 1074 Mills Bldg., San Francisco, Calif., and George J. Kasch, C. P. A., 1715 Russ Bldg., San Francisco, Calif., for the petitioner. Frank T. Horner, Esq., and Henry M. Sorrell, C. P. A., for the respondent.


Memorandum Findings of Fact and Opinion

MELLOTT, Judge:

The Commissioner determined that each petitioner, during the calendar years 1939 and 1940, had permitted its earnings, profits, or surplus to accumulate beyond the reasonable needs of its business and that it had been availed of for the purpose of preventing the imposition of surtax upon its stockholders. He therefore held that each was subject to the surtax prescribed by section 102 of the Internal...

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