U.S. Court of Appeals for the Second Circuit, 1947

1432 Broadway Corp. v. Commissioner of Internal Rev.

U.S. Court of Appeals for the Second Circuit · Decided March 27, 1947 · Swan, Chase, Frank

160 F.2d 885; 35 A.F.T.R. (P-H) 1064; 1947 U.S. App. LEXIS 3406 (Federal Reporter, Second Series)

Counsel

Charles Korn, of New York City (Jacob Rabkin and Mark H. Johnson, both of New York City, of counsel), for petitioner., Sewall Key, Acting Asst. Atty. Gen., Lee A. Jackson and Louise Foster, Sp. Assts. to the Atty. Gen., for respondent.

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases) (2d Cir. 1956)
Oden v. Commissioner (United States Tax Court 1971)
Edwin C. Hollenbeck and Kathryn J. Hollenbeck, Wade G. Ellis and Anita l.ellis v. Commissioner of Internal Revenue (9th Cir. 1970)
Motel Corp. v. Commissioner (United States Tax Court 1970)
Monon Railroad v. Commissioner (United States Tax Court 1970)
Edwards v. Commissioner (United States Tax Court 1968)
Gokey Properties, Inc. v. Commissioner (United States Tax Court 1960)
Benjamin D. And Madeline Prentice Gilbert v. Commissioner of Internal Revenue (2d Cir. 1957)
Estate of Miller v. Commissioner (United States Tax Court 1955)
Gregg Co. of Delaware v. Commissioner (United States Tax Court 1954)
John W. Walter, Inc. v. Commissioner (United States Tax Court 1954)
Ruspyn Corp. v. Commissioner (United States Tax Court 1952)
Estate of Brown v. Commissioner (United States Tax Court 1997)
Wales v. Commissioner (United States Tax Court 1978)
Brook v. Commissioner (United States Tax Court 1964)
Edwards Motor Transit Co. v. Commissioner (United States Tax Court 1964)
Marsan Realty Corp. v. Commissioner (United States Tax Court 1963)
Davidson Bldg. Co. v. Commissioner (United States Tax Court 1961)
Taft v. Commissioner (United States Tax Court 1961)
Daro v. Commissioner (United States Tax Court 1961)
Estate of Cooper v. Commissioner (United States Tax Court 1960)
Benjamin D. And Madeline Prentice Gilbert, on Review v. Commissioner of Internal Revenue, on Review (2d Cir. 1959)
Joseph Verner Reed and Permelia P. Reed v. Commissioner of Internal Revenue (2d Cir. 1957)
United States v. Erma Rosenberger (8th Cir. 1956)
Kolkey v. Commissioner (United States Tax Court 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The facts are stated in the opinion of the Tax Court, 4 T.C. 1158, and need not be here repeated. The issue presented was whether the taxpayer was entitled under section 23(b) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 23(b), to deduct interest accrued within the taxable years on its outstanding debentures. The Tax Court denied deduction on the ground that the evidence did not show that “the debentures were, or were intended ta be, evidences of indebtedness”; they were “more nearly like preferred stock than indebtedness.” These conclusions are not within the scope of our judicial review. John Kelley Co. v. Commissioner, 326 U. S. 521, 698, 66 S.Ct. 299; Elliott-Lewis Co. v. Commissioner, 3 Cir., 154 F.2d 292. We may add, however, that, if the question were open to us, we should reach the same result as did the Tax Court.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.