THOMSEN, Chief Judge.
This is an action to recover income taxes assessed and paid for the taxable years ended April 30, 1958 and April 30, 1959. The question at issue is whether the taxpayer, Fenco, Inc. (Fenco), was availed of during those years for the purpose of avoiding income tax with respect to its shareholders (particularly Foster T. Fenton, who with his wife owned 95% of its stock) by permitting earnings and profits to accumulate instead of being distributed...
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