Court of Appeals for the Third Circuit November 1, 1944, No. 8438 (Philadelphia Record Co. v. Commissioner)

lead-opinion

McLaughlin, circuit judge.

The petitioner was incorporated under the laws of Pennsylvania in June 1928. The Tax Court found as facts that the corporation in an amendment to its charter, in its by-laws and in its certificates of stock, all prior to May 1, 1936, was prohibited from paying dividends on its common stock until there had been set apart in a sinking fund a sum of money, out