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MEAD CORPORATION v. COMMISSIONER OF INTERNAL REV.

No. 7019.

116 F.2d 187 (1940)

MEAD CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

November 29, 1940.

Attorney(s) appearing for the Case

Edward G. Ince and Robert McDougal, Jr., both of Chicago, Ill., and Theo. W. Brazeau, of Wisconsin Rapids, Wis., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Carlton Fox, Sp. Assts. to Atty. Gen., for respondent.

Before BIGGS, CLARK, and JONES, Circuit Judges.

JONES, Circuit Judge.

The pending petition brings on for review a decision of the Board of Tax Appeals determining a deficiency in tax against the petitioner corporation for the year 1931 in the amount of the additional tax authorized by Sec. 104(a) of the Revenue Act of 1928, c. 852, 45 Stat. 791, 26 U.S.C.A. Int.Rev.Acts, page 375. The tax there prescribed is 50% of the net income of "any corporation * * * formed or availed of for the purpose of preventing the imposition...

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