BIDDLE AVENUE REALTY CORP. v. COMMISSIONER OF INT. REV.

No. 7351.

94 F.2d 435 (1938)

BIDDLE AVENUE REALTY CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

February 15, 1938.


Attorney(s) appearing for the Case

Fred J. Schumann, of Detroit, Mich., for petitioner.

F. E. Youngman, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., and Sewall Key and John M. Hudson, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before HICKS and SIMONS, Circuit Judges, and RAYMOND, District Judge.


RAYMOND, District Judge.

This is a petition to review an order of the Board of Tax Appeals assessing a deficiency income tax against petitioner for the fiscal year ended April 30, 1929, in the sum of $15,110.35. While there are numerous assignments of error, there is accord that the fundamental issue is whether the taxpayer did on or about November 1, 1928, sell real estate known as the "Detroit Plant" of the Detroit Shipbuilding Company to the James S. Holden Company...

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