DAYTON & MICHIGAN R. CO. v. COMMISSIONER OF INT. REV.

No. 4602.

112 F.2d 627 (1940)

DAYTON & MICHIGAN R. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1940.


Attorney(s) appearing for the Case

R. Kemp Slaughter, of Washington, D. C., for petitioner.

Lee A. Jackson, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty Gen., on the brief), for respondent.

Before PARKER, DOBIE and NORTHCOTT, Circuit Judges.


PARKER, Circuit Judge.

This is a petition to review a decision of the Board of Tax Appeals. The sole question involved is whether payments of guaranteed dividends on preferred stock of petitioner are deductible as interest paid on indebtedness within the meaning of Sec. 23(b) of the Revenue Act of 1934, 48 Stat. 680, 26 U.S.C.A. Int.Rev.Code, § 23(b). These guaranteed dividends were paid by the Baltimore and Ohio Railroad Company, as assignee of the lessee of...

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