Arkansas Louisiana Gas Company, Petitioner, v. Commissioner of Internal Revenue, Respondent, 331 F.2d 850 (5th Cir. 1964)

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US Court of Appeals for the Fifth Circuit - 331 F.2d 850 (5th Cir. 1964) May 11, 1964

Thomas A. Harrell, Shreveport, La., for petitioner. Blanchard, Walker, O'Quin & Roberts, Shreveport, La., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., John B. Jones, Acting Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, R. P. Hertzog, Chief Counsel, I. R. S., Charles Owen Johnson, Atty., I. R. S., David O. Walter, Edward L. Rogers, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.


The question here is whether the Tax Court erred in holding that the expenses and costs incurred in declaring and paying stock dividends to petitioner's shareholders were capital in nature and did not constitute ordinary and necessary business expenses, deductible from gross income under the provisions of the Internal Revenue Code. In General Banc-shares Corp. v. Commissioner of Internal Revenue, 8 Cir., 326 F.2d 712, the Court affirmed a decision of the Tax Court similar to that which is here appealed from. We fully concur in the carefully reasoned opinion in that case and affirm the judgment of the Tax Court on the basis of that opinion.

Judgment affirmed.