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R. C. OWEN COMPANY v. C. I. R.

No. 16018.

351 F.2d 410 (1965)

R. C. OWEN COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

October 7, 1965.

Attorney(s) appearing for the Case

William Waller, Nashville, Tenn., for petitioner, Robert G. McCullough, Nashville, Tenn., on the brief, Waller, Lansden & Dortch, Nashville, Tenn., of counsel.

Solomon Warhaftig, Dept. of Justice, Washington, D. C., for respondent, Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, I. Henry Kutz, Edward Heilbronner, Attys., Dept. of Justice, Washington, D. C., on the brief.

Before WEICK, MILLER and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Petitioner, R. C. Owen Company, a Kentucky Corporation, seeks reversal of a decision of the Tax Court, which sustained the Commissioner of Internal Revenue's disallowance of deductions for interest paid by petitioner in the years 1954, 1955 and 1956 upon its issue of so-called debenture bonds. The Tax Court after making its Findings of Fact and expressing its view of applicable law, concluded as follows:

"Under all the circumstances...

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