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McKESSON & ROBBINS v. EDWARDS

38 F.2d 887 (1930)

McKESSON & ROBBINS, Inc., v. EDWARDS.

District Court, S. D. New York.

February 5, 1930.

Attorney(s) appearing for the Case

William A. Nunlist, of Brooklyn, N. Y., for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City, for defendant.

BONDY, District Judge.

So far as the action may be based upon the rejection of any claim for amortization for war facilities in the year 1918, made under sections 234(a) (8) of the Revenue Acts of 1918 (40 Stat. 1078) and 1921 (42 Stat. 255) and section 1209 of the Revenue Act of 1926 (44 Stat. 130, 26 USCA § 1072), it cannot be sustained because the plaintiff at the time of filing its return did not make any deduction for amortization nor file any claim for...

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