ATLAS SUPPLY CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 2314.

123 F.2d 356 (1941)

ATLAS SUPPLY CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

October 24, 1941.


Attorney(s) appearing for the Case

Frederick L. Pearce, of Washington, D. C. (Morris, KixMiller & Baar, of Washington, D. C., on the brief), for petitioner.

Bernard Chertcoff, 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 BRATTON, HUXMAN, and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

We are asked to determine whether under the Revenue Act of 1936, 49 Stat. 1648, 26 U.S.C.A. Int.Rev.Acts, page 813 et seq., a corporation was entitled to credit for current income not distributed because a provision in its bylaws prohibited the declaration of a dividend which would impair its capital.

Petitioner is a corporation organized under the laws of Oklahoma. Article 5 of its bylaws, continuously in effect since 1909, provides...

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