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HELVERING v. BROOKLYN CITY R. CO.

No. 340.

72 F.2d 274 (1934)

HELVERING, Commissioner of Internal Revenue, v. BROOKLYN CITY R. CO.

Circuit Court of Appeals, Second Circuit.

July 16, 1934.

Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and John MacC. Hudson, Sp. Assts. to the Atty. Gen., for appellant.

Sigourney B. Olney, of Brooklyn, N. Y., and Raymond B. Goodell, of New York City, for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from (petition to review) an order of the Board of Tax Appeals which expunged a deficiency fixed by the Commissioner for the calendar year 1921. The taxpayer is a street railway, subject to the jurisdiction of the Public Service Commission of the State of New York, and on July 10, 1890, its executive committee and directors, in pursuance of a recent statute of the state requiring it to do so, fixed its fiscal year to end June...

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