EAST TENNESSEE MOTOR COMPANY v. UNITED STATES

No. 71-1166.

453 F.2d 494 (1971)

EAST TENNESSEE MOTOR COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

December 30, 1971.


Attorney(s) appearing for the Case

Edward L. Summers and Harold B. Stone, Knoxville, Tenn., Stone & Bozeman, Knoxville, Tenn., of counsel, for plaintiff-appellant.

Gary R. Allen, Tax Division, Dept. of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Bennett N. Hollander, Attys., Tax Division, Dept. of Justice, Washington, D. C., on brief; John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., of counsel, for defendant-appellee.

Before WEICK, McCREE and KENT, Circuit Judges.


KENT, Circuit Judge.

This is an appeal by the plaintiff-appellant from a jury verdict for the defendant-appellee in an action for refund of corporate income taxes. The appellant is a Tennessee corporation located in Knoxville, Tennessee, its stock is closely held.

The suit for refund arises out of deficiencies assessed by the Commissioner of Internal Revenue because of unreasonable compensation paid to stockholders. The allowance of a deduction [from income...

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