Ticket Office Equipment Company, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent, 213 F.2d 318 (2d Cir. 1954)

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US Court of Appeals for the Second Circuit - 213 F.2d 318 (2d Cir. 1954) Argued May 13, 1954
Decided June 4, 1954

Petition to review a decision of the Tax Court re-determining deficiencies in the excess profits taxes of the petitioner for the fiscal years ended June 30, 1943 to June 30, 1946, inclusive. Affirmed.

Richard W. Wilson, New York City, for petitioner.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and Morton K. Rothschild, Sp. Assts. to Atty. Gen., for respondent.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.


Such evidence as there is to indicate that Mrs. Ruscher, as a partner of her husband, owned any part of the assets transferred to the petitioner in exchange for its stock is too inconclusive to show that the Tax Court was in error in treating Mr. Ruscher as the sole transferrer. With this observation, we are content to affirm the decision on the opinion of the Tax Court, 20 T.C. 272.