LARKIN v. C. I. R.

No. 7074.

394 F.2d 494 (1968)

Alan B. LARKIN et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals First Circuit.

May 8, 1968.


Attorney(s) appearing for the Case

Jack H. Calechman, Boston, Mass., for petitioners.

Barnes H. Ellis, Attorney, Department of Justice, with whom Mitchell Rogovin, Asst. Atty. Gen., and Lee A. Jackson and William A. Friedlander, Attorneys, Department of Justice, were on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

Petitioners, Alan B. Larkin and his brother Harold S. Larkin, each own 50% of the outstanding stock of the corporate petitioner, Register Publications, Inc. Both brothers are also officer-employees of the corporation. In the tax years 1961, 1962 and 1963 the corporation made substantial medical reimbursement payments to the Larkin brothers which it deducted as ordinary and necessary business expense in its tax returns for said years. Also,...

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