WADSWORTH MFG. CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5523.

44 F.2d 762 (1930)

WADSWORTH MFG. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1930.


Attorney(s) appearing for the Case

G. E. Cleary, of New York City (Arthur A. Ballantine, of New York City, on the brief), for petitioner.

J. G. Remey, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, and R. N. Shaw, all of Washington, D. C., on the brief), for respondent.

Before DENISON and HICKENLOOPER, Circuit Judges, and WEST, District Judge.


HICKENLOOPER, Circuit Judge.

The petition herein questions the validity of an order of redetermination of income and excess profits tax for the year 1921. On August 16, 1919, petitioner entered into a contract for the erection of a factory building for a guaranteed total price (as subsequently modified) of $946,106. The contractor entered upon the performance of the contract but later defaulted, and in the year 1920 the petitioner was required to, and did, take over...

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