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United States DC Circuit


CERAND & CO., INC. v. COMM'R OF INTERNAL REVENUE SERV., 99-1252

In determining whether fund transfers between sister corporations were loans or captial contributions, tax court must consider evidence that the corporation which loaned/invested the funds declared repayments as interest income, rather than as capital gain.

Appellate Information

  • Argued 12/04/2000
  • Decided 07/06/2001
  • Published 07/06/2001

Judges

  • GINSBURG, Circuit Judge:, Before:  WILLIAMS, GINSBURG and GARLAND, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Michael S. Fried argued the cause and filed the brief for appellant.

  • For Appellees:
  • Joel McElvain, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief was Kenneth L. Greene, Attorney.   David E. Carmack, Attorney, entered an appearance.
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