MILLER & VIDOR LUMBER CO. v. COM'R OF INTERNAL REVENUE

No. 5754.

39 F.2d 890 (1930)

MILLER & VIDOR LUMBER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

April 21, 1930.


Attorney(s) appearing for the Case

John Neethe, of Galveston, Tex., Wm. S. Hammers, of Washington, D. C., for petitioner.

C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and John McC. Hudson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., and J. Louis Monarch and Helen R. Carloss, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.


GRUBB, District Judge.

This is an appeal from the Board of Tax Appeals, and presents a single question, whether petitioner (the taxpayer), using the accrual method of computing net income, is entitled to deduct in 1920, interest paid during that year, which accrued in prior years on its obligations. The facts are not in dispute. Petitioner, a Texas corporation, in 1914 gave two series of notes, secured by deeds of trust, on its corporate property. One series consisted...

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