COMMISSIONER OF INTERNAL REVENUE v. SPRING CITY F. CO.

Nos. 4912, 4994.

67 F.2d 385 (1933)

COMMISSIONER OF INTERNAL REVENUE v. SPRING CITY FOUNDRY CO. SPRING CITY FOUNDRY CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

November 10, 1933.


Attorney(s) appearing for the Case

G. A. Youngquist, Asst. Atty. Gen., Sewall Key and William H. Riley, Jr., Sp. Assts. to Atty. Gen., Pat Malloy, Asst. Atty. Gen., and F. Edward Mitchell, Sp. Asst. to Atty. Gen., for Commissioner of Internal Revenue.

Edgar L. Wood and Richard H. Tyrrell, both of Milwaukee, Wis., for Spring City Foundry Co.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge (after stating the facts as above).

The taxpayer was a Wisconsin corporation engaged in manufacturing automobile castings. It sold certain of its goods to Cotta Transmission Company of Rockford, Illinois, which company became indebted to it in 1920, in the sum of $39,983.27.

In the fall of 1920 the debtor's financial breathing became labored. It was unable to meet its obligations and frankly wrote to its creditors asking for a five year...

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