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KANSAS, O. & G. RY. CO. v. HELVERING

No. 7726.

124 F.2d 460 (1941)

KANSAS, O. & G. RY. CO. v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

December 24, 1941.

Attorney(s) appearing for the Case

Wm. R. Spofford, of Philadelphia, Pa. (Charles S. Jacobs, Frank C. Hendryx, and Ballard, Spahr, Andrews & Ingersoll, all of Philadelphia, Pa., on the brief), for petitioner.

S. Dee Hanson, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Helen R. Carloss, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

JONES, Circuit Judge.

The Commissioner of Internal Revenue assessed income tax deficiencies against the petitioner for the years 1932, 1933, 1934 and 1935 on the ground that its taxable income for the years specified had been unwarrantedly included and accounted for in consolidated returns filed by the Muskogee Company, a Delaware corporation, whose assets throughout each of the years in question consisted principally of stock of a number of corporations (including...

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