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ISBELL PORTER CO. v. COM'R OF INTERNAL REVENUE

No. 150.

40 F.2d 432 (1930)

ISBELL PORTER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

Charles P. Hamel, Lee I. Park, and John Enrietto, all of Washington, D. C. (Earl B. Barnes, of New York City, of counsel), for petitioner-appellant.

George A. Youngquist, Asst. Atty. Gen., Sewall Key and Andrew D. Sharpe, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and R. N. Shaw, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether certain drawings belonging to the taxpayer should be treated as part of invested capital in calculating the excess profits tax for 1919.

The business of the taxpayer was the manufacture and sale of machinery and apparatus for producing and purifying gas. In the course of this business it made many drawings, (1) for work in process attributable...

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