EDWARD G. SWARTZ, INC. v. COMMISSIONER OF INT. REV.

No. 7168.

69 F.2d 633 (1934)

EDWARD G. SWARTZ, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

March 15, 1934.


Attorney(s) appearing for the Case

Hugh Satterlee, of Washington, D. C., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Norman D. Keller and Sewall Key, Sp. Assts. to Atty. Gen., and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and John D. Kiley, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

What petitioner began in March, 1928, as a contestation before the Board of a $273.08 deficiency assessment, and a claimed overassessment of $1,493.61 in its 1926 income tax, was converted by a complete volte face in November, 1929, into a claim that no taxes whatever were due. The petition first filed attacked as inadequate the depletion allowed because based on an estimated cut of 19,142,787 feet instead of 21,286,585 feet actually cut...

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