DEAN v. COMMISSIONER OF INTERNAL REVENUE

No. 10345.

187 F.2d 1019 (1951)

DEAN v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided April 2, 1951.


Attorney(s) appearing for the Case

Laurence Graves, New York City, for petitioner.

Melva Graney, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


GOODRICH, Circuit Judge.

This appeal from the Tax Court raises the question of the correctness of a claim for income tax against the taxpayer based on the rental value of property held in the name of a corporation of which the taxpayer and his wife are the sole shareholders. The facts are simple and undisputed.

The taxpayer and his wife are the sole shareholders in a personal holding company called the Nemours Corporation. The wife owns 80% of the stock. The...

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