POIRIER & McLANE CORP. v. C. I. R.

No. 15, Docket 76-4062.

547 F.2d 161 (1976)

POIRIER & McLANE CORPORATION, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 23, 1976.


Attorney(s) appearing for the Case

Robert A. Bernstein (Gilbert E. Andrews, Jr., John G. Manning, Attys., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Edward S. St. John, Port Washington, N. Y. (St. John & Dougherty, Port Washington, N. Y., on the brief), for appellee.

Before KAUFMAN, Chief Judge, and MANSFIELD and MESKILL, Circuit Judges.


IRVING R. KAUFMAN, Chief Judge:

In 1964, Congress enacted § 461(f) of the Internal Revenue Code to achieve a more equitable and rational matching of liability disbursements and receipts for accrual basis taxpayers. It permitted deduction of a liability, even if contested, provided a transfer was made in that tax year to satisfy the claimed liability. The Internal Revenue Service, to effectuate the statutory intent and avoid potential abuse, promulgated Regulation...

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