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GPD, INC. v. C. I. R.

No. 74-1223.

508 F.2d 1076 (1974)

GPD, INC., Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Sixth Circuit.

December 6, 1974.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Tax Division Dept. of Justice, Washington, D. C., Meyer Rothwacks, Ernest Brown, David English Carmack, Meade Whitaker, Chief Counsel, Internal Revenue Service, Washington, D. C., for appellant.

Joel J. Morris, Paul R. Trigg, Jr., Detroit, Mich., for appellee.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and RUBIN, District Judge.

PHILLIPS, Chief Judge.

The question presented in this appeal is whether the taxpayer corporation was "formed or availed of for the purpose of avoiding the income tax with respect to its shareholders . . . by permitting earnings and profits to accumulate instead of being divided or distributed" for the year 1968. Stated differently, is the taxpayer corporation subject to the accumulated earnings tax imposed by § 531 of the Internal Revenue Code of 1954 for the...

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