BERNARD McMENAMY CONTRACTOR, INC. v. C. I. R.

No. 20625.

442 F.2d 359 (1971)

BERNARD McMENAMY, CONTRACTOR, INC., Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Eighth Circuit.

May 7, 1971.


Attorney(s) appearing for the Case

Hal B. Coleman, Clayton, Mo., for appellant.

Richard Halberstein, Atty., Tax Div., Dept. of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Harry Baum, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before ALDRICH, LAY and BRIGHT, Circuit Judges.


ALDRICH, Circuit Judge.

Taxpayer corporation, contrary, perhaps, to usual practice, requested a qualification ruling on its profit-sharing plan only after it had put it into effect. By the time the ruling came down, unfavorably, several tax years had passed. The Commissioner asserted an income tax deficiency on the ground that the contributions made to the plan were not deductible under the Internal Revenue Code of 1954, 26 U.S.C. § 401, upon which taxpayer had...

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