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WAUKESHA MALLEABLE IRON CO. v. COMMISSIONER OF INT. REV.

No. 4906.

67 F.2d 368 (1933)

WAUKESHA MALLEABLE IRON CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

October 31, 1933.

Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill., and Harvey J. Frame and Frame & Blackstone, all of Waukesha, Wis., for petitioner.

Sewall Key and Morton K. Rothschild, Sp. Assts. to Atty. Gen. (E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and W. Frank Gibbs, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

EVANS, Circuit Judge.

Petitioner's appeal is from an order of the Board of Tax Appeals which affirmed Commissioner's determination of a deficiency income tax of $17,291.51 on it for the fiscal year ending June 30, 1926. The fact findings of the Board are not disputed. Controversy arises over the soundness of the conclusions reached on the basis of such facts.

The following statement is taken from the memorandum opinion of Board Member McMahon.

On June...

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