DIAMOND BROS. COMPANY v. C. I. R.

No. 14280.

322 F.2d 725 (1963)

DIAMOND BROS. COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided September 24, 1963.


Attorney(s) appearing for the Case

Alan I. Baskin, Reading, Pa., for petitioner.

Morton K. Rothschild, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and GANEY, Circuit Judges.


GANEY, Circuit Judge.

The question posed on this petition for review is whether advances by petitioner to Park Lane Furniture Mfg., Inc., (a corporation in which petitioner was a 50% stockholder) from October of 1953 through December of 1954 were loans or capital contributions. The Tax Court1 found that the advances were contributions to capital, and sustained the Commissioner of Internal Revenue's determination of income tax deficiency...

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