CASALE v. COMMISSIONER OF INTERNAL REVENUE

No. 373, Docket 24476.

247 F.2d 440 (1957)

Oreste CASALE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided September 5, 1957.


Attorney(s) appearing for the Case

Maurice H. Greenberger, New York City (David Boyd Chase, New York City, on the brief), for petitioner.

Davis W. Morton, Jr., Atty., Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, and I. Henry Kutz, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before CHASE, HINCKS and LUMBARD, Circuit Judges.


HINCKS, Circuit Judge.

This is a petition by the taxpayer for review of a decision of the Tax Court which affirmed the Commissioner's determination that an annual premium paid by O. Casale, Inc. (hereinafter called the Corporation) on a policy on the life of the taxpayer was a distribution to him of a taxable dividend in the year of its payment under Section 115(a) of the 1939 Code, 26 U.S.C.A. § 115(a).

The facts, which were stipulated, were fully stated...

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