SHERWOOD SWAN AND COMPANY, LTD. v. COMMISSIONER

Docket No. 4677-62.

42 T.C. 299 (1964)

SHERWOOD SWAN AND COMPANY, LTD., EMPLOYEES' BENEFIT FUND, OAKLAND BANK OF COMMERCE, TRUSTEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 30, 1964.


Attorney(s) appearing for the Case

James F. Crafts, Jr., for the petitioner.

John O. Hargrove, for the respondent.


WITHEY, Judge:

Deficiencies in the income tax of petitioner for the fiscal years ended March 31, 1959, 1960, and 1961, in the respective amounts of $1,084.28, $1,355.62, and $1,114.87 have been determined by the Commissioner.

The sole issue for decision is whether, during such fiscal years, petitioner was a qualified profit-sharing trust under section 401(a), I.R.C. 1954.

FINDINGS OF FACT

All of the facts of record have been agreed...

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