A. R. LANTZ CO. v. UNITED STATES

No. 23285.

424 F.2d 1330 (1970)

A. R. LANTZ CO., Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing April 29, 1970.


Attorney(s) appearing for the Case

Eugene J. Brenner, of Janin, Morgan, & Brenner, San Francisco, Cal., for appellant.

Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Jerry R. Stern, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLIN and WRIGHT, Circuit Judges.


BARNES, Circuit Judge:

This action deals with the oft-litigated tax issue of whether certain advances made to a corporation created debt, or constituted capital contributions.

Taxpayer appeals from an adverse judgment of the United States District Court wherein he sought recovery of taxes paid pursuant to notice of deficiency and assessment. Our jurisdiction on appeal is founded on 28 U.S.C. § 1291.

The dispute arises from tax returns filed for...

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