No. 179.Circuit Court of Appeals, Second Circuit.
June 19, 1942.
On petition to review an order of the Board of Tax Appeals assessing a deficiency against the taxpayer for the year 1930 under § 104 of the Revenue Act of 1928, 26 U.S.C.A. Int.Rev.Acts,
page 375.
Loring M. Black, of New York City, for petitioner.
Archibald Cox, of Washington, D.C., for respondent.
Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
PER CURIAM.
The chief question upon this appeal turns on Post’s purpose in allowing the money to accumulate in the taxpayer’s treasury; that was a question of fact as to which there was substantial evidence to support the finding of the Board.
The deductions claimed were likewise correctly disallowed; they were either deductible in other years, or not deductible at all. The result as to them also depended upon questions of fact and there was substantial evidence to support the Board’s findings.
Order affirmed.