TUCKER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 15328, 15329.

226 F.2d 177 (1955)

Earle F. TUCKER and Martha Tucker, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Earle F. TUCKER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

October 18, 1955.


Attorney(s) appearing for the Case

Joseph A. Maun, St. Paul, Minn. (William R. Busch, Jerome B. Simon, and Bundlie, Kelley & Maun, St. Paul, Minn., on the brief), for petitioners.

David O. Walter, Atty., Dept. of Justice (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack, Atty., Dept. of Justice, on the brief), for respondent.

Before SANBORN, COLLET and VAN OOSTERHOUT, Circuit Judges.


SANBORN, Circuit Judge.

These are petitions to review decisions of the Tax Court redetermining deficiencies in the income taxes of the petitioners for the years 1947, 1948 and 1949. The Commissioner of Internal Revenue determined that payments made by the Universal Motor Company, of Bismarck, North Dakota, of 20% of its net profits during those years to a former stockholder, pursuant to a contract with him, were taxable to the petitioners as constructive dividends...

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