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LESAVOY FOUNDATION v. COMMISSIONER OF INTERNAL REV.

No. 11881.

238 F.2d 589 (1956)

The LESAVOY FOUNDATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided November 12, 1956.

Attorney(s) appearing for the Case

Clendon H. Lee, New York City, O'Connor & Farber, New York City (William F. Snyder, on the brief), for petitioner.

Marvin W. Weinstein, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This case raises the question of (1) the liability to taxation of a corporation organized for charitable, educational and philanthropic purposes,1 which the Commissioner claims departed from its exempt purpose and was used in part as a means of furthering business enterprises in which the donor of the foundation of the charitable trust was interested and (2) the limits, if any, of the power of the Commissioner...

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