J. J. DIX, INC. v. COMMISSIONER OF INTERNAL REVENUE

Nos. 23-24, Docket 22989-22990.

223 F.2d 436 (1955)

J. J. DIX, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. ESTATE of Jacob J. DIX, Deceased, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 2, 1955.


Attorney(s) appearing for the Case

Bernard Weiss, New York City, for petitioners.

H. Brian Holland, Ellis N. Slack, A. F. Prescott and S. Dee Hanson, Washington, D. C., for respondent.

Before FRANK, MEDINA and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

The facts and rulings of the Tax Court are set forth in the opinion of Judge Van Fossan, reported unofficially in 12 T.C.M. 536.

I. The Corporate Taxpayer's Appeal

The Tax Court found that the corporate taxpayer, during the years 1938 through 1944, realized net taxable income amounting to $62,054.23 in excess of the amounts recorded on its books and reported on its tax returns filed for those years. It is undisputed...

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