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CONSOLIDATED UTILITIES CO. v. COMMISSIONER OF INT. REV.

No. 8073.

84 F.2d 548 (1936)

CONSOLIDATED UTILITIES CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 2, 1936.

Attorney(s) appearing for the Case

Arnold R. Baar and Wilbur A. Giffen, both of Chicago, Ill., and Nicholas Callan, of New Orleans, La., for petitioner.

Helen R. Carloss and Sewall Key, Sp. Assts. to Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and Herman Oliphant, Gen. Counsel, Department of Treasury, and John F. Greaney, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal involves a deficiency in income tax for the year 1928. It was taken from the decision of the Board of Tax Appeals by petition for review filed pursuant to the provisions of sections 1001-1003 of the Revenue Act of 1926, c. 27, 44 Stat. 9, as amended by section 603 of Revenue Act 1928, 45 Stat. 873, section 1101 of the Revenue Act of 1932, c. 209, 47 Stat. 169, and section 519 of the Revenue Act of 1934, c. 277, 48 Stat. 680, 760...

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