PENNSYLVANIA WATER & POWER CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 6678.

98 F.2d 812 (1938)

PENNSYLVANIA WATER & POWER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

August 23, 1938.


Attorney(s) appearing for the Case

John E. Malone, of Lancaster, Pa., and Edwin M. Sturtevant and Clyde T. Warren, both of Baltimore, Md., for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Lucius A. Buck, Sp. Assts. to Atty. Gen., for respondent.

Before DAVIS and BIGGS, Circuit Judges, and DICKINSON, District Judge.


DAVIS, Circuit Judge.

The sole question here at issue is whether or not a parent corporation, having taken over the assets of its subsidiary corporation under the provisions of the so-called "short form merger statute" of Pennsylvania (Purdon's Pennsylvania Statutes, Title 15, Section 595), and thereafter, in 1928, having redeemed for cash bonds issued by the subsidiary, is entitled to deduct from its income tax return for that year the amount of the unamortized discount...

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