C. I. R. v. H. B. IVES COMPANY

No. 4, Docket 26275.

297 F.2d 229 (1961)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. H. B. IVES COMPANY, Respondent.

United States Court of Appeals Second Circuit.

Decided December 28, 1961.


Attorney(s) appearing for the Case

Fred E. Youngman, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Meyer Rothwacks and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for petitioner.

Alphonsus R. Romeika, of Romeika, Fish & Scheckter, Philadelphia, Pa. (R. C. McCreedy, New York City, on the brief), for respondent.

Before CLARK, HINCKS and FRIENDLY, Circuit Judges.


HINCKS, Circuit Judge.

The Commissioner petitions for review of a Tax Court holding that an authorization of expenditure by the respondent's board of directors was an accrued liability in the year of authorization.

Taxpayer reports its income on an accrual basis. On November 24, 1953, desiring to benefit four elderly employees who had not qualified for the company pension plan, the board of directors resolved that "$22,000 be appropriated and set aside immediately...

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