LINCOLN STORAGE WAREHOUSES v. COMMISSIONER OF INT. R.

No. 10082.

189 F.2d 337 (1950)

LINCOLN STORAGE WAREHOUSES v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided July 10, 1950.


Attorney(s) appearing for the Case

Andrew B. Crummy, Newark, N. J., for petitioner.

Meyer Rothwacks, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack, Robert N. Anderson, Maryhelen Wigle, Special Assistants to the Attorney General on the brief), for respondent.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

The question raised on this petition for review is whether Section 24(c) of the Internal Revenue Code, 26 U.S.C.A. § 24(c)1 precluded the deduction by the taxpayer of amounts credited on its books in 1943 and 1944 as salary, interest and rents to its sole stockholder and, upon his death, to his estate. The issue turns on whether the amounts actually paid are to be applied first to the past indebtedness or...

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