ABKCO INDUSTRIES, INC. v. C. I. R.

No. 72-1181.

482 F.2d 150 (1973)

ABKCO INDUSTRIES, INC., Appellant, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Third Circuit.

Decided June 29, 1973.

As Amended August 14, 1973.

Dissenting Opinion August 21, 1973.


Attorney(s) appearing for the Case

Leonard J. Schwartz, Selwyn A. Horvitz, Philadelphia, Pa., for appellant; Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., of counsel.

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Elmer J. Kelsey, Bruce I. Kogan, Dept. of Justice, Tax Div., Washington, D. C., for appellee.

Before HASTIE and ALDISERT, Circuit Judges, and DITTER, District Judge.


Dissenting Opinion August 21, 1973. See 486 F.2d 1371.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by an accrual basis taxpayer from an adverse decision of the United States Tax Court, 56 T.C. 1083, requires that we decide whether the court erred in disallowing as deductions for business expenses certain liabilities accrued but not actually paid during 1962 and 1963....

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