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TULSA TRIBUNE CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 550.

58 F.2d 937 (1932)

TULSA TRIBUNE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

May 9, 1932.

Attorney(s) appearing for the Case

Charles H. Garnett, of Oklahoma City, Okl., for petitioner.

J. P. Jackson, Sp. Asst. to Atty. Gen., G. A. Youngquist, Asst. Atty. Gen., A. H. Conner, Sp. Asst. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Arthur Carnduff, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

Before LEWIS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This is a proceeding to review a decision of the Board of Tax Appeals sustaining the Commissioner in assessing a deficiency of $4,554.97 in income and excess profit taxes against the petitioner for the calendar year 1920.

The controversy arises in connection with the Revenue Act of 1918, § 326 (40 Stat. 1092), relating to invested capital. Summarized for the purposes of considering the question here involved, section 326 specifies...

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