From Casetext: Smarter Legal Research

E.W. Edwards Son v. United States

United States Court of Appeals, Second Circuit
Apr 29, 1958
255 F.2d 407 (2d Cir. 1958)

Opinion

No. 294, Docket 24902.

Argued April 9, 1958.

Decided April 29, 1958.

Appeal from the United States District Court for the Northern District of New York; Stephen W. Brennan, Judge.

Moser, Johnson Reif, Rochester, N.Y., Byron A. Johnston, Jr., Rochester, N.Y., of counsel on the argument, and Lathrop D. Marsland, Rochester, of counsel on the brief, for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, and Helen A. Buckley, Attorneys, Department of Justice, Washington, D.C., and Theodore F. Bowes, U.S. Atty., Syracuse, N Y (John Pajak, Washington, D.C., of counsel on the argument), for appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.


This is an appeal by plaintiff from a judgment dismissing its complaint in an action to recover an alleged overpayment of federal income tax for the year 1953. The judgment is affirmed on the opinion below. 162 F. Supp. 97.

See also the somewhat analogous situations discussed in Blackwell Oil Gas Co. v. Commissioner, 10 Cir., 60 F.2d 257, and Hales-Mullaly, Inc., v. Commissioner, 10 Cir., 131 F.2d 509.


Summaries of

E.W. Edwards Son v. United States

United States Court of Appeals, Second Circuit
Apr 29, 1958
255 F.2d 407 (2d Cir. 1958)
Case details for

E.W. Edwards Son v. United States

Case Details

Full title:E.W. EDWARDS SON, Plaintiff-Appellant, v. UNITED STATES of America…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 29, 1958

Citations

255 F.2d 407 (2d Cir. 1958)

Citing Cases

Old Town Corp. v. Comm'r of Internal Revenue

This is based upon the view that without obligation or business purpose, the expense could not have been…