Jump to content

United States v. Donruss Company

From Wikisource
United States v. Donruss Company
by Thurgood Marshall
Syllabus
934033United States v. Donruss Company — SyllabusThurgood Marshall
Court Documents

United States Supreme Court

393 U.S. 297

United States  v.  Donruss Co.

Certiorari to the United States Court of Appeals for the Sixth Circuit

No. 17.  Argued: October 22-23, 1968 --- Decided: January 13, 1969

Tax imposed by §§ 531-537 of the Internal Revenue Code of 1954 on accumulated earnings of a corporation "formed or availed of for the purpose of avoiding the income tax with respect to its shareholders" held to apply if such tax avoidance was one of the purposes of an unreasonable accumulation of corporate earnings even though it was not the dominant, controlling, or impelling motive for the accumulation. Pp. 300-309.

384 F.2d 292, reversed and remanded.


Assistant Attorney General Rogovin argued the cause for the United States. With him on the brief were Solicitor General Griswold, Harris Weinstein, Richard C. Pugh, and Martin T. Goldblum.

Richard L. Braunstein argued the cause for respondent. With him on the brief was Bernard J. Long.

Richard E. Nolan and John P. Carroll, Jr., filed a brief for the Shaw-Walker Co., as amicus curiae, urging affirmance.

Notes

[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse