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DAYTON WRIGHT AIRPLANE CO. v. COMMISSIONER OF INT. REV.

No. 5680.

53 F.2d 760 (1931)

DAYTON WRIGHT AIRPLANE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 11, 1931.

Attorney(s) appearing for the Case

Newton D. Baker, of Cleveland, Ohio, and W. W. Spalding, of Washington, D. C. (Murray Smith, of Dayton, Ohio, and Mason, Spalding & McAtee, of Washington, D. C., on the brief), for petitioner.

Hayner N. Larson, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, and De Witt M. Evans, all of Washington, D. C., on the brief), for respondent.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The question in this case is whether two corporations, affiliated for 1919 within the meaning of section 240 of the Revenue Act of 1918 (40 Stat. 1081), were entitled to have their income and profit taxes computed upon the basis of a consolidated net income and invested capital. Each of them was organized after August 1, 1914, was not a successor to a then existing business, and 50 per centum or more of its gross income consisted of gains,...

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