BATTELSTEIN INVESTMENT COMPANY v. UNITED STATES

No. 27993.

442 F.2d 87 (1971)

BATTELSTEIN INVESTMENT COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 19, 1971.


Attorney(s) appearing for the Case

Robert I. White, Robert L. Waters, Houston, Tex., for plaintiff-appellant; Chamberlain & Hrdlicka, Houston, Tex., of counsel.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Howard A. Weinberger, Tax. Div., Dept. of Justice, Fort Worth, Tex., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Michael B. Arkin, Edward L. Rogers, Meyer Rothwacks, Robert I. Waxman, Attys., Tax. Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and GEWIN, Circuit Judges.


JOHN R. BROWN, Chief Judge.

This is an appeal by Taxpayer (Battelstein Investment Company) from an adverse tax refund judgment the effect of which is to sustain the Government's contention that there was an unreasonable accumulation of earnings setting in train the accumulated earnings tax under 26 U.S.C.A. §§ 531, 532 for FY 1962 and FY 1963 (ending January 31). We affirm.

The facts, most of which are undisputed, are set out in the detailed opinion...

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