WISHNICK-TUMPEER v. HELVERING

No. 6015.

77 F.2d 774 (1934)

WISHNICK-TUMPEER, Inc., v. HELVERING.

United States Court of Appeals for the District of Columbia.

Decided March 12, 1934.

On Rehearing June 10, 1935.


Attorney(s) appearing for the Case

Joseph R. Little, of Washington, D. C., for petitioner.

Sewall Key, Walter L. Barlow, S. Dee Hanson, E. Barrett Prettyman, Shelby S. Faulkner, and Roy N. McMillan, all of Washington, D. C., for respondent.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.


GRONER, Associate Justice.

Petitioner, whom we shall call Tumpeer, was an Illinois corporation, and, prior to November 1, 1928, and thereafter, owned in excess of 95 per cent. of the stock of Pioneer Asphalt Company, also an Illinois corporation, whom we shall call Pioneer. Both Tumpeer and Pioneer filed separate returns for the taxable year 1928 on the basis of their regular accounting periods, which were, as to Tumpeer, the calendar year, and, as to Pioneer, the...

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