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V. LOEWERS GAMBRINUS BREWERY CO. v. ANDERSON

No. 236.

42 F.2d 216 (1930)

V. LOEWERS GAMBRINUS BREWERY CO. v. ANDERSON, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

May 19, 1930.

Attorney(s) appearing for the Case

Paskus, Gordon & Hyman, of New York City (Arthur B. Hyman, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, of New York City, of counsel), for respondent.

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

PER CURIAM.

This action was brought to recover income and profits taxes alleged to have been erroneously collected for the calendar years 1918 and 1919. The basis of the action was the failure of the appellant to allow, as deductions from gross income, a reasonable allowance for obsolescence of tangible as well as intangible assets. The appellee is a brewing company, and sought to deduct for obsolescence the valuation of its building, formerly

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