LITCHFIELD SECURITIES CORPORATION v. UNITED STATES

No. 81, Docket 28290.

325 F.2d 667 (1963)

LITCHFIELD SECURITIES CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 5, 1963.


Attorney(s) appearing for the Case

Joseph F. Monaghan, McCanliss & Early, New York City (John F. Walsh, New York City, of counsel), for plaintiff-appellant.

Robert Arum, Asst. U. S. Atty., Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge.

This appeal is by a personal holding company from an order of Judge Dawson in the Southern District of New York, dismissing its complaint in a suit for refund of a tax on undistributed personal holding company income. In determining the amount of such income, upon which severe taxes are imposed, § 545(b) (5) of the Internal Revenue Code of 1954 permits deduction of net long-term capital gains1 after reduction...

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