CHICAGO & N. W. R. CO. v. COMMISSIONER OF INTERNAL REV.

No. 7155.

114 F.2d 882 (1940)

CHICAGO & N. W. R. CO. et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 18, 1940.


Attorney(s) appearing for the Case

Nelson Trottman, of Chicago, Ill. (W. T. Faricy, of Chicago, Ill., of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and John W. Jones, Sp. Assts. to Atty. Gen., and J. P. Wenchel and John W. Smith, both of Washington, D. C., for respondent.

Before SPARKS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


TREANOR, Circuit Judge.

The Chicago and North Western Railway Company and Charles M. Thomson, trustee, seek a review of a decision of the United States Board of Tax Appeals denying petitioners' requested re-determination of an income tax deficiency for the years 1927 and 1928.

Petitioners contend that the amount of the deficiency, as determined by respondent, Commissioner, is incorrect for the reason that the Commissioner employed a method of computing the...

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