KELLY-SPRINGFIELD TIRE CO. v. UNITED STATES

No. 5491.

81 F.2d 533 (1935)

KELLY-SPRINGFIELD TIRE CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

On Rehearing January 21, 1936.


Attorney(s) appearing for the Case

Moses & Singer, of New York City, S. Leo Ruslander, of Pittsburgh, Pa., Harrison B. McCawley, of Washington, D. C., and Jacob L. Newman, of Newark, N. J. (Morgan S. Kaufman, of Scranton, Pa., H. G. Kopald, of New York City, and R. J. Cleary, of Pittsburgh, Pa., of counsel), for appellant.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and Carlton Fox, Sp. Assts. to Atty. Gen., for the United States.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

This is an appeal from a judgment of the District Court disallowing a claim of the appellant for amortization of the cost of certain facilities acquired for the production of articles contributing to the prosecution of the war.

In 1918 and for many years prior thereto, the appellant was engaged in the manufacture of rubber tires. In computing its net income for 1918 it claimed an allowance for the year of a reasonable deduction for amortization...

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