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SHERWOOD MEMORIAL GARDENS v. C. I. R.

No. 14795.

350 F.2d 225 (1965)

SHERWOOD MEMORIAL GARDENS, INC., (TENNESSEE), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

July 1, 1965.

Attorney(s) appearing for the Case

Robert E. Johnson, William H. Krieg, and Paul J. DeVault, Indianapolis, Ind., Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., of counsel, for petitioner.

Louis F. Oberdorfer, Asst. Atty. Gen., Harold C. Wilkenfeld and Edward Heilbronner, Attorney, Tax Division, Department of Justice, Washington, D. C., for respondent.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

Petitioner Sherwood Memorial Gardens, Inc. seeks to set aside a judgment of the Tax Court confirming, though reducing, the Commissioner of Internal Revenue's deficiency assessment in its 1959 income tax.1 We affirm.

The facts, as found by the Tax Court and reported at 42 T.C. 12, are not in dispute. Sherwood Memorial Gardens, Inc. is a Tennessee corporation organized with the minimum capital of $1,000 and...

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