SWEETS CO. OF AMERICA v. COM'R OF INTERNAL REVENUE

Nos. 7-8.

40 F.2d 436 (1930)

SWEETS COMPANY OF AMERICA, Inc., v. COMMISSIONER OF INTERNAL REVENUE (two cases).

Circuit Court of Appeals, Second Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

Felix H. Levy, of New York City (John J. Sweedler, of New York City, of counsel), for petitioners.

G. A. Youngquist, Asst. Atty. Gen., John Vaughan Groner and Sewall Key, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, and F. D. Strader, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

G. Carroll Todd, of Washington, D. C., and Henry McAllister, of Denver, Colo., with Rollin Browne, of New York City (Taylor, Blanc, Capron & Marsh and Carter T. Louthan, all of New York City, of counsel), filed briefs, by leave of court, as amici curiæ.

Before L. HAND, SWAN, and MACK, Circuit Judges.


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

The questions which are said to be presented by these appeals, and to which counsel have directed their argument, are the following: (1) Has the Commissioner authority to reverse his predecessor's ruling that a single consolidated return be made for the year 1919? (2) Under section 240 of the Revenue Act of 1918 (40 Stat. 1081), does the addition or loss of a member of an affiliated group bring into being a new...

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