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DAHLEM FOUNDATION, INC. v. UNITED STATES

No. 17646.

405 F.2d 993 (1968)

The DAHLEM FOUNDATION, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

As Amended April 23, 1969.

Attorney(s) appearing for the Case

Louis E. Ackerson, Louisville, Ky., for appellant, William A. MacKenzie, Jones, Ewen, Mackenzie & Peden, James W. Hendricks, Louisville, Ky., on the brief.

Marco S. Sonnenschein, Dept. of Justice, Washington, D. C., for appellee, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., on the brief, Ernest W. Rivers, U. S. Atty., Louisville, Ky., of counsel.

Before O'SULLIVAN, Circuit Judge, and CECIL and McALLISTER, Senior Circuit Judges.

McALLISTER, Senior Circuit Judge.

This case presents the question of whether undistributed net earnings of a corporation were subject to the assessment of the Internal Revenue tax of 27½% for unreasonable accumulation of profits under the provisions of Title 26, U.S.C.A., Secs. 531 et seq. The District Court held that the accumulation of earnings was unreasonable and that the corporation had failed to prove that its retention of such earnings was not for the...

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