H. AND G. INDUSTRIES, INC. v. C. I. R.

No. 73-1718.

495 F.2d 653 (1974)

H. AND G. INDUSTRIES, INC. and subsidiaries, Appellant, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Third Circuit.

Decided April 18, 1974.


Attorney(s) appearing for the Case

Martin D. Cohen, Newark, N. J., for appellant.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Richard W. Perkins, James H. Bozarth, Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before ALDISERT, GIBBONS and ROSENN, Circuit Judges.


OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

H. & G. Industries, Inc., the taxpayer-appellant in this case, redeemed an issue of its preferred stock at a premium in order to relieve itself of the allegedly onerous stock purchase agreement pursuant to which the preferred was issued. The sole question on this appeal is whether the taxpayer is entitled to deduct the premium paid by it on this redemption as an ordinary and necessary business expenses...

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