Suffolk Securities Corporation v. Helvering, 179.

• Decision Date: 19 June 1942
• Docket Number: No. 179.,179.
• Citation: 128 F.2d 743
• Parties: SUFFOLK SECURITIES CORPORATION, Petitioner, v. Guy T. HELVERING, Commissioner of Internal Revenue, Respondent.
• Court: U.S. Court of Appeals — Second Circuit

128 F.2d 743 (1942)

SUFFOLK SECURITIES CORPORATION, Petitioner, v. Guy T. HELVERING, Commissioner of Internal Revenue, Respondent.

No. 179.

Circuit Court of Appeals, Second Circuit.

June 19, 1942.

Loring M. Black, of New York City, for petitioner.

Archibald Cox, of Washington, D. C., for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

The chief question upon this appeal turns on Post's purpose in allowing the money to accumulate in the taxpayer's treasury; that was a question of fact as to which there was substantial evidence to support the finding of the Board.

The deductions claimed were likewise correctly disallowed; they were either deductible in other years, or not deductible at all. The result as to them also depended upon questions of fact and there was substantial evidence to support the Board's findings.

Order affirmed.