SWED DISTRIBUTING COMPANY v. C. I. R.

No. 20026.

323 F.2d 480 (1963)

SWED DISTRIBUTING COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

September 27, 1963.


Attorney(s) appearing for the Case

Dorothy Ann Kinney, Sterling E. Kinney, Amarillo, Tex., for petitioner.

Frederick E. Youngman, Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., John B. Jones, Jr., Acting Asst. Gen., Crane C. Hauser, Chief Counsel, John M. Morawski, Atty., I. R. S., Washington, D. C., for respondent.

Before PHILLIPS, WISDOM, and GEWIN, Circuit Judges.


WISDOM, Circuit Judge.

This case, now before us for the second time, presents the question whether the taxpayer, Swed Distributing Company, a Florida corporation, is entitled to deduct as ordinary and necessary business expenses certain payments made to Swed and Sullivan, a partnership composed of the taxpayer's two stockholders. The nature of the case requires close scrutiny of the record.

Louis Swed and John L. Sullivan formed a partnership to go into the...

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