RUBBER ASSOCIATES, INC. v. C. I. R.

No. 15560.

335 F.2d 75 (1964)

RUBBER ASSOCIATES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

July 20, 1964.


Attorney(s) appearing for the Case

James M. Hinton, Akron, Ohio, for petitioner.

Robert J. Golten, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., on brief, for respondent.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and WILLIAM E. MILLER, District Judge.


WILLIAM E. MILLER, District Judge.

The question for decision is whether the Tax Court correctly found that payments by the taxpayer corporation to widows of shareholders represented nondeductible distributions of profits, rather than deductible ordinary and necessary business expenses under Sections 162(a) (1) and 404(a) (5) of the 1954 Internal Revenue Code.1

The material facts were stipulated and are essentially as follows: Rubber...

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