PFLEGHAR HARDWARE SPECIALTY CO. v. BLAIR

No. 117.

30 F.2d 614 (1929)

PFLEGHAR HARDWARE SPECIALTY CO. v. BLAIR, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

February 4, 1929.


Attorney(s) appearing for the Case

Henry F. Parmelee, of New York City, Harry A. Fellows, of Washington, D. C., and Curtiss K. Thompson, of New Haven, Conn., for appellant.

Mabel Walker Willebrandt, Asst. Atty. Gen. (Sewall Key and Andrew D. Sharpe, Sp. Asst. Attys. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

The tax is laid under the Revenue Act of 1918 (40 Stat. 1057). By section 230 corporations are taxed upon their "net income," which is declared to mean gross income, as defined in section 233, less authorized deductions. By section 233 the definition of gross income is referred back to section 213. That section provides:

"Sec. 213. That for the purposes of this title * * * the term `gross income' —...

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