WM. B. SCAIFE & SONS CO. v. COMMISSIONER OF INT. REV.

No. 7509.

117 F.2d 572 (1941)

WM. B. SCAIFE & SONS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

January 31, 1941.


Attorney(s) appearing for the Case

Samuel Kaufman and S. Leo Ruslander, both of Pittsburgh, Pa., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Wm. L. Carey, Sp. Assts. to Atty. Gen., for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


BIGGS, Circuit Judge.

In June, 1936, the petitioner's vice president in charge of tax matters, instructed its treasurer to make its capital stock tax return as required by Section 105 of the Revenue Act of 1935, c. 829, 49 Stat. 1017, 26 U.S.C.A. Int.Rev.Acts, page 796, and to place upon its stock a value of $1,000,000. On July 29, 1936 the treasurer filed the return and by mistake placed a value of $600,000 upon the stock. When this error was discovered, a correct...

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