GREGG CO. OF DELAWARE v. COMMISSIONER OF INT. REV.

No. 2, Docket 23621.

239 F.2d 498 (1956)

The GREGG COMPANY OF DELAWARE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided December 17, 1956.


Attorney(s) appearing for the Case

Kenneth W. Moroney, New York City, for petitioner.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

The petitioner, The Gregg Company of Delaware, appeals from a decision of the Tax Court, 23 T.C. 170, 1954, that the amounts paid by petitioner to its parent corporation on its so-called "Fifty-Year 4% Income Notes" were not deductible "interest * * * on indebtedness" within the meaning of Section 23(b) of the Revenue Acts of 1934, 1936, and 1938, 26 U.S.C.A. (I.R.C.1939) § 23(b). Petitioner asserts that...

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