PANTS RACK, INC. v. UNITED STATES

No. 81-1231.

669 F.2d 198 (1982)

The PANTS RACK, INC., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1982.


Attorney(s) appearing for the Case

Melvin E. Clark, Jr., Tax Division, Dept. of Justice, Washington, D. C. (John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Richard Farber, Tax Division, Dept. of Justice, Washington, D. C., James L. Blackburn, U. S. Atty., William Woodward Webb, Asst. U. S. Atty., Raleigh, N. C., on brief), for appellant.

Curtis A. Twiddy (Thomas L. Norris, Jr., Poyner, Geraghty, Hartsfield & Townsend, Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and MURNAGHAN and CHAPMAN, Circuit Judges.


HAYNSWORTH, Senior Circuit Judge:

The question is the interpretation of 26 U.S.C.A. § 6655(d)(2) in the context of a corporation's duty to pay in advance installments of estimated income tax liability during the first year after revocation of an election to be taxed under Subchapter S. The district court held that, since in the preceding year the corporation's net income was not subject to tax levied upon it, it could lawfully estimate its income tax for the...

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