FORBES LITHOGRAPH MFG. CO. v. WHITE

No. 3155.

42 F.2d 287 (1930)

FORBES LITHOGRAPH MFG. CO. v. WHITE, Collector of Internal Revenue.

District Court, D. Massachusetts.

June 20, 1930.


Attorney(s) appearing for the Case

Robert H. Holt and Gaston, Snow, Saltonstall & Hunt, all of Boston, Mass., for plaintiff.

Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Asst. U. S. Atty., both of Boston, Mass., for defendant.


MORTON, District Judge.

The first question is whether two payments of $50,000 each made by the plaintiff in 1921 and 1922 to the trustees of the Forbes Foundation were deductible from its income for these years as ordinary and necessary expense in carrying on its trade or business. Revenue Act of 1921, § 234a, 42 Stat. 254.

The facts are not in dispute and, in outline, are as follows: The plaintiff is a manufacturing concern employing about one thousand...

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