HELVERING v. MANHATTAN LIFE INS. CO.

No. 382.

71 F.2d 292 (1934)

HELVERING, Commissioner of Internal Revenue, v. MANHATTAN LIFE INS. CO.

Circuit Court of Appeals, Second Circuit.

June 11, 1934.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty. Gen., for petitioner.

John F. McCabe, of New York City, for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This is a petition to review an order of the Board of Tax Appeals, determining an overpayment in favor of the respondent for the year 1928. Two questions are presented: The first, whether the respondent, a life insurance company, may deduct from its gross income a depreciation allowance upon so much of its furniture as it used in producing the income of its underwriting department. This is ruled by the decision of the Supreme Court in the case...

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