Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Fifth Circuit
Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue, 379 F.2d 337 (5th Cir. 1967)
19 A.F.T.R.2d (RIA) 1750; 1967 U.S. App. LEXIS 5924

Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue

Opinion

PER CURIAM:

Petitioners seek review of companion decisions of the Tax Court sustaining deficiencies in their separate income tax returns for the year 1959. The only issue presented by this appeal is whether the Tax Court correctly concluded that a corporation, formed by Dr. Sas-Jawor-sky and two other persons for the purpose of promoting the sale of a biography of Dr. Sas-Jaworsky, was a taxable entity. If the corporation was in fact a taxable entity, the petitioners, as individuals, are not entitled to certain deductions asserted by them and the subject matter of this litigation.

The Tax Court’s determination that the corporation was a separate entity is factual in nature and may not be overturned upon review unless clearly erroneous. See Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 1199-1200, 4 L.Ed.2d 1218, 1227-1228. A careful review of the record convinces us that the evidence clearly supports the finding of the Tax Court. We accordingly affirm.

Reference

Full Case Name
Natalie SAS-JAWORSKY and Alexander Sas-Jaworsky, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Cited By
3 cases
Status
Published