A. SCHRADER'S SON v. UNITED STATES

No. 403.

51 F.2d 1038 (1931)

A. SCHRADER'S SON, Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

Decided July 7, 1931.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., and Albert D. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Ottamar Hamele, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

Phillips & Avery, of New York City (John B. Sullivan, Jr., of Boston, Mass., and C. Royall Frazer, of New York City, of counsel), for appellee.

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


L. HAND, Circuit Judge.

The plaintiff, a New York corporation, was the owner of a number of patents, some acquired before March 1, 1913, which alone are involved here. In its tax returns for 1913 to 1919 inclusive it did not deduct anything from its gross income for the depreciation of these, but on March 13, 1925, recognizing its error, it filed a claim for a refund upon its tax for 1919. The Commissioner recalculated the whole tax for that year, income, war and...

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