McCOY ENTERPRISES, INC. v. C.I.R.

No. 93-9014.

58 F.3d 557 (1995)

McCOY ENTERPRISES, INC., & Subsidiaries, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 20, 1995.


Attorney(s) appearing for the Case

Merrill R. Talpers of Olsen & Talpers, Kansas City, MO, for petitioner-appellant.

David English Carmack of U.S. Dept. of Justice, Tax Div. (Loretta C. Argrett, Asst. Atty. Gen., and John A. Nolet, U.S. Dept. of Justice, Tax Div., with him on the briefs) and David L. Jordan, Chief Counsel of I.R.S., Branch 4, Tax Litigation Div., Washington, DC, for respondent-appellee.

Before EBEL, KELLY, Circuit Judges and COOK, District Judge.


EBEL, Circuit Judge.

This case involves the special tax treatment of domestic international sales corporations ("DISCs"). Petitioners-Appellants McCoy Enterprises and Subsidiaries (collectively, "McCoy") created a wholly-owned subsidiary to account for its foreign sales and to take advantage of the tax benefits given to DISCs. The net income of the subsidiary was distributed to its parent as a "loan" each year and carried...

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