DANFORTH FOUNDATION v. UNITED STATES

No. 17796.

347 F.2d 673 (1965)

The DANFORTH FOUNDATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1965.


Attorney(s) appearing for the Case

Albert E. Jenner, Jr., Chicago, Ill., H. S. Stolar and Fred L. Kuhlmann, St. Louis, Mo., William H. Charles and William D. Crampton, St. Louis, Mo., and Prentice H. Marshall and Kenneth S. Broun, Chicago, Ill., for appellant.

Jerome Fink, Attorney, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Lee A. Jackson, Morton K. Rothschild and Robert Bernstein, Attorneys, Dept. of Justice, Washington, D. C., and also Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., and John A. Newton, Asst. U. S. Atty., St Louis, Mo., on the brief, for appellee.

Before VAN OOSTERHOUT and MATTHES, Circuit Judges, and YOUNG, District Judge.


VAN OOSTERHOUT, Circuit Judge.

The issue presented by this appeal is whether the District Court rightly determined that the Commissioner properly denied taxpayer Danforth Foundation exemption from income tax for the years 1951 and 1952 upon the ground that taxpayer had unreasonably accumulated income in such years within the meaning of § 3814(1) of the Internal Revenue Code of 1939 as amended.

The factual background is fully and fairly set out in Judge...

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