POLAK'S FRUTAL WORKS, INC. v. UNITED STATES

No. 278, Docket 26021.

281 F.2d 261 (1960)

POLAK'S FRUTAL WORKS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 21, 1960.


Attorney(s) appearing for the Case

I. Herman Sher, New York City, for plaintiff-appellant.

Morton S. Robson, Chief Asst. U. S. Atty., New York City (S. Hazard Gillespie, Jr., U. S. Atty., for the Southern Dist. of New York, and Mark I. Cohen, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.


MOORE, Circuit Judge.

Appellant, Polak's Frutal Works, Inc. (Polak's), a New York corporation, appeals from a judgment dismissing its complaint in an action to recover income and excess profits taxes paid for the year 1944. The claim is based upon the disallowance by the Commissioner of Internal Revenue of amounts ($159,653.86) deducted from 1944 income as ordinary and business expenses.

Most of the facts relating to the background and stock ownership of the...

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