Wilbur Security Company v. Commissioner or Internal Revenue

279 F.2d 657 60-2 USTC P 9596 WILBUR SECURITY COMPANY, Petitioner, v. COMMISSIONER OR INTERNAL REVENUE, Respondent. No. 16496. United States Court of Appeals Ninth Circuit. May 23, 1960. Paul Castoldi, Francis J. Butler, Spokane, Wash., for appellant. Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Mellvin L. Lebow, Sharon King, Attorneys, Department of Justice, Washington, D.C., for appellee. Before ORR, BARNES and KOELSCH, Circuit Judges. BARNES, Circuit Judge. 1 This timely petition for review of a decision of Tax Court involves deficiencies in corporate taxpayer's federal income tax for the years 1953, 1954 and 1955, in the amounts of $13,520.46, $17,254.17 and $17,254.18, respectively. This court has jurisdiction. 26 U.S.C. 7482. 2 The sole question is whether the above amounts paid by the taxpayer to certain individuals constituted dividends and not deductible interest. 3 Concededly, this is a question of fact. The determination of such question of fact by the Tax Court is conclusive on us, unless the conclusion is clearly erroneous. Fed.R.Civ.P. 52(a), 28 U.S.C.A. E.g. Earle v. W. J. Jones & Son, 9 Cir., 1952, 200 F.2d 846 . 4 Here the evidence…