NORTON CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 2534.

50 F.2d 664 (1931)

NORTON CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

June 10, 1931.


Attorney(s) appearing for the Case

James W. Mudge, of Boston, Mass. (Ropes, Gray, Boyden & Perkins, of Boston, Mass., on the brief), for petitioner.

J. Louis Monarch, Sp. Asst. to Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., Andrew D. Sharpe and John MacC. Hudson, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, and De Witt M. Evans, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for Commissioner of Internal Revenue.

Robert N. Miller and Ward Loveless, both of Washington, D. C., amici curiæ.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.


ANDERSON, Circuit Judge.

This petition for a review of an adverse decision of the Board of Tax Appeals (19 B. T. A. 1234) involves petitioner's income and profits tax for 1919 of $82,779.78. The controlling issue of law is whether the Commissioner was precluded from reducing the taxpayer's amortization allowance, made on April 8, 1924, under section 234 (a) (8) of the Revenue Act of 1918 (40 Stat. 1057, 1077), by making another allowance in 1927.

The facts...

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