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

Nos. 271, 272, Dockets 24349, 24350.

244 F.2d 90 (1957)

J. UNGAR, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Jesse UNGAR (Transferee), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 13, 1957.

Attorney(s) appearing for the Case

Adrian W. DeWind, New York City, Richard H. Paul, New York City, of counsel, for petitioners.

Melva M. Graney, Washington, D. C., (Harry Baum, Washington, D. C., with her on the brief), Charles K. Rice, Asst. Atty. Gen., for respondent.

Before CLARK, Chief Judge, and HAND and LUMBARD, Circuit Judges.

HAND, Circuit Judge.

This is a petition to review an order of the Tax Court in banco, opinion by Rice, J., 26 T.C. 331, with whose findings and conclusion we are in accord, which held that a New York corporation (which we shall call the Corporation), was liable for a deficiency of $31,957.21 for unpaid income and excess profits tax for its fiscal year, ending February 28, 1951. The only issue is as to the amount of the corporate...

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