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COMMISSIONER OF INTERNAL REV. v. GENERAL MACH. CORP.

No. 7485.

95 F.2d 759 (1938)

COMMISSIONER OF INTERNAL REVENUE v. GENERAL MACHINERY CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1938.

Attorney(s) appearing for the Case

F. E. Youngman, of Washington, D. C. (Robert H. Jackson and Sewall Key, both of Washington, D. C., on the brief), for petitioner.

John Hollister, of Cincinnati, Ohio (Robert A. Taft, Perry T. Garver, and Taft, Stettinius & Hollister, all of Cincinnati, Ohio, on the brief), for respondent.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

As in Joseph & Feiss Co. v. Commissioner, 6 Cir., 70 F.2d 804, decided by us May 7, 1934, in accord with Arnold Constable Corp. v. Commissioner, 2 Cir., 69 F.2d 788, and as in Helvering, Commissioner, v. Morgan's, Inc., et al., 293 U.S. 121, 55 S.Ct. 60, 79 L.Ed. 232, the question is whether two periods in the same calendar or fiscal year...

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