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HILLDUN CORPORATION v. C. I. R.

No. 248, Docket 32610.

408 F.2d 1117 (1969)

HILLDUN CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided April 2, 1969.

Attorney(s) appearing for the Case

Earle H. Grossman, New York City, for petitioner.

William A. Friedlander, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Marian Halley, Attys., Dept. of Justice, on the brief), for respondent.

Before MEDINA, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Taxpayer appeals from a decision of the Tax Court, 26 CCH Tax Ct.Mem. 1035 (1967), determining a deficiency in its income tax payments for the year ended August 31, 19601 on the ground that it was taxable as a personal holding company under Section 541 of the Internal Revenue Code of 1954 as then in effect, ch. 736, § 541, 68A Stat. 182. During this year taxpayer was engaged in a real estate business and in a...

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