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FACTORIES INVESTMENT CORPORATION v. C. I. R.

No. 128, Docket 28369.

328 F.2d 781 (1964)

The FACTORIES INVESTMENT CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided March 10, 1964.

Attorney(s) appearing for the Case

Benjamin Nadel, New York City (Norman Nadel, New York City, on the brief), for petitioner.

David I. Granger, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Meyer Rothwacks, Attys., Dept. of Justice, on the brief), for respondent.

Before LUMBARD, Chief Judge, and SWAN and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

The Commissioner determined deficiencies in petitioner Factories Investment Corporation's income tax returns for the fiscal years ending June 30, 1958 and 1959 in the respective amounts of $6,432.05 and $6,474.52, on accumulated earnings of a corporation availed of for the purpose of avoiding tax in respect of its shareholders. The Tax Court sustained the Commissioner, and the taxpayer corporation has appealed. We find no error and...

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