H. H. MILLER INDUSTRIES CO. v. COMMISSIONER OF INT. REV.

No. 5987.

61 F.2d 412 (1932)

H. H. MILLER INDUSTRIES CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 4, 1932.


Attorney(s) appearing for the Case

J. C. Little, of Cleveland, Ohio (Tolles, Hogsett & Ginn, of Cleveland, Ohio, on the brief), for petitioner.

J. M. Hudson, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, and Robert L. Williams, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.


SIMONS, Circuit Judge.

The petitioner claimed deduction from gross income in its return for 1921 income tax of an amount representing exhaustion of a patent for an ice cream freezer. The Commissioner disallowed the deduction, and assessed a deficiency tax. A petition to review was denied by the Board of Tax Appeals, and from its order redetermining the tax this appeal is brought.

The petitioner is an Ohio corporation, organized in 1918 as successor to a New...

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