DELAWARE & HUDSON CO. v. COMMISSIONER OF INT. REV.

No. 383.

65 F.2d 292 (1933)

DELAWARE & HUDSON CO. v. COMMISSIONER OF INTERNAL REVENUE (two cases).

Circuit Court of Appeals, Second Circuit.

June 5, 1933.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Montgomery B. Angell, H. T. Newcomb, and Marion N. Fisher, all of New York City, of counsel), for appellant.

Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Frank D. Strader, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellees.

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


L. HAND, Circuit Judge.

The question presented by this appeal, stripped of confusing details, is as follows: During the years 1922 and 1923, a number of companies were affiliated under section 240(b) of the Act of 1921 (42 Stat. 260). Most of the affiliates had net losses in their incomes for 1922, which they were entitled to carry over to the year 1923 under section 204 (b), 42 Stat. 231. The carried over loss in one instance was more than enough to cancel the income...

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