Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue

Fifth Circuit

Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue

379 F.2d 337, 19 A.F.T.R.2d (RIA) 1750, 1967 U.S. App. LEXIS 5924

Court of Appeals for the Fifth Circuit·Decided June 21, 1967·No. 23236_1·Published·Cited by 3 cases

Opinion

PER CURIAM:

Petitioners seek review of companion decisions of the Tax Court sustaining deficiencies in their separate income tax returns for the year 1959. The only issue presented by this appeal is whether the Tax Court correctly concluded that a corporation, formed by Dr. Sas-Jawor-sky and two other persons for the purpose of promoting the sale of a biography of Dr. Sas-Jaworsky, was a taxable entity. If the corporation was in fact a taxable entity, the petitioners, as individuals, are not entitled to certain deductions asserted by them and the subject matter of this litigation.

The Tax Court’s determination that the corporation was a separate entity is factual in nature and may not be overturned upon review unless clearly erroneous. See Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 1199-1200, 4 L.Ed.2d 1218, 1227-1228. A careful review of the record convinces us that the evidence clearly supports the finding of the Tax Court. We accordingly affirm.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Petitioners seek review of companion decisions of the Tax Court sustaining deficiencies in their separate income tax returns for the year 1959. The only issue presented by this appeal is whether the Tax Court correctly concluded that a corporation, formed by Dr. Sas-Jawor-sky and two other persons for the purpose of promoting the sale of a biography of Dr. Sas-Jaworsky, was a taxable entity. If the corporation was in fact a taxable entity, the petitioners, as individuals, are not entitled to certain deductions asserted by them and the subject matter of this litigation.

The Tax Court’s determination that the corporation was a separate entity is factual in nature and may not be overturned upon review unless clearly erroneous. See Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 1199-1200, 4 L.Ed.2d 1218, 1227-1228. A careful review of the record convinces us that the evidence clearly supports the finding of the Tax Court. We accordingly affirm.

Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue, 379 F.2d 337, 19 A.F.T.R.2d (RIA) 1750, 1967 U.S. App. LEXIS 5924 (5th Cir. 1967).

Pincite

379 F.2d 337 (Natalie Sas-Jaworsky and Alexander Sas-Jaworsky v. Commissioner of Internal Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related