SWANK & SON, INC., PLAINTIFF-APPELLEE,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLANT

9th Cir. | 1975-08-11
No. 74-1131
Before KOELSCH and DUNIWAY, Circuit Judges, and MURPHY, District Judge.
522 F.2d 981 United States Court of Appeals for the Ninth Circuit (1975) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

The question on this appeal is whether the District Judge erred in concluding that the cash bonus received by Taxpayer, a small business corporation under Subchapter S of the Internal Revenue Code of 1954 (26 U.S.C. § 1371 et seq.) and the lessor in an oil and gas lease, did not constitute “personal holding company income” under 26 U.S.C. § 1372(e)(5) as it read in 1965, and hence did not operate to terminate Taxpayer’s election to be taxed as a small business corporation.

Having carefully considered the matter, we are convinced that the answer is “no” and approve and adopt the well- considered opinion of Judge Smith appearing in 362 F.Supp. 897 (D.Mont. 1973).

Affirmed.


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