P. LORILLARD COMPANY v. UNITED STATES

No. 54, Docket 28935.

338 F.2d 499 (1964)

P. LORILLARD COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 24, 1964.


Attorney(s) appearing for the Case

D. Chase Troxell, New York City (Perkins, Daniels & McCormack, New York City, of counsel), for appellant.

Clarence M. Dunnaville, Jr., Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, Lawrence Vogel, Asst. U. S. Atty., on the brief, and I. Henry Kutz, Atty., Dept. of Justice, of counsel), for appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.


PER CURIAM:

In 1959 the taxpayer, which elected to pay its tax in two installments, applied on Form 7004 for an extension of time to file its return. On the form the taxpayer (1) estimated its tentative tax at less than it proved later to be, and (2) paid an amount that, together with payments previously made on estimated tax, equalled more than half of the tentative tax reported on the form and more than half of the tax which finally was computed to be due. The Commissioner...

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