Young Motor Co. v. Commissioner of Internal Revenue

This is a petition by a corporate taxpayer to review a decision of the Tax Court upholding a tax for the years 1950, 1951, and 1952 under section 102(a) of the Internal Revenue Code of 1939. This section imposes an additional tax upon corporations (other than personal holding companies) "* * * if such corporation * * * is * * * availed of for the purpose of preventing the imposition of the surtax upon its shareholders or the shareholders of any other corporation, through the medium of permitting earnings or profits to accumulate instead of being divided or distributed * * *." The evidence, much of which was stipulated, has been largely set forth in the opinion of the Tax Court. 1959, 32 T.C. 1336. Taxpayer does not quarrel with the subsidiary findings, but only with the courts ultimate conclusions and with certain claimed rulings.