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FREEPORT TEXAS CO. v. BOWERS

No. 269.

77 F.2d 288 (1935)

FREEPORT TEXAS CO. v. BOWERS.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.

Attorney(s) appearing for the Case

Paul Armitage, of New York City (George B. Furman, of Washington, D. C., and Edward Holloway, of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff, which is the parent of various affiliated corporations, sued: (1) to recover a deficiency assessment of income taxes amounting to $1,260,466.18 because it was laid entirely against the parent company, which had no income, instead of being apportioned on the basis of net income assignable to each of the affiliates; (2) to recover $347,436.36 because, even if the income taxes of the affiliates were properly laid against...

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