U.S. Court of Appeals for the Sixth Circuit, 1956

Perel & Lowenstein, Inc. v. Commissioner

Perel & Lowenstein, Inc. v. Commissioner
U.S. Court of Appeals for the Sixth Circuit · Decided October 23, 1956 · McAllister, Miller, Stewart
237 F.2d 908 (Federal Reporter, Second Series)

Counsel

Eiehenbaum, Walther, Scott & Miller, Little Rock, Ark., for petitioner., Charles K. Rice, John Potts Barnes, Lee A. Jackson, George F. Lynch, Vernon F. Weekley, and C. Moxley Feather-stone, Washington, D. C., for respondent.

Perel & Lowenstein, Inc. v. Commissioner

Cases that cite this one

2 later published cases cite this decision.

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 of the Court

PER CURIAM.

Although the petitioner corporation’s president suffered a stroke resulting in paralysis and loss of the power of speech in 1949, the petitioner continued to pay him a $30,000 salary in each of the following two years, and a salary of $24,-000 the third year. Deductions made by the petitioner for these payments were disallowed in their entirety by the respondent Commissioner. The Tax Court found that, “A reasonable allowance for compensation for the personal services actually rendered by Perel, as well as for compensation for past services actually rendered, was not more than $10,000” for each of the years involved, and accordingly redetermined the asserted deficiencies. A careful review of the record leaves us unconvinced that this dis-positive finding of fact was clearly erroneous.

The decision of the Tax Court therefore must be and is affirmed.

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