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STERNO, INC. v. COMMISSIONER OF INTERNAL REVENUE

No. 143, Docket 26274.

286 F.2d 548 (1961)

STERNO, INC. (formerly S. Sternau & Co., Inc.), Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 8, 1961.

Attorney(s) appearing for the Case

Theodore Tannenwald, Jr., of Weil, Gotshal & Manges, New York City (Benjamin Clark, New York City, on the brief), for petitioner-appellant.

Harold M. Seidel, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent-appellee.

Before CLARK, MAGRUDER, and MOORE, Circuit Judges.

PER CURIAM.

Taxpayer Sterno, Inc. petitions for review of a Tax Court decision finding a deficiency in income and excess profits tax for the taxable year 1951 in the amount of $12,570.66. In its 1951 return, taxpayer included among its ordinary and necessary business expenses, deducted pursuant to § 23(a) (1) (A), Int.Rev.Code of 1939, commissions paid to Sterno Sales Corporation in the amount of $120,515.95. The Commissioner determined that this amount was unreasonable...

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