ALUMINUM CO. OF AMERICA v. UNITED STATES

No. 7675.

123 F.2d 615 (1941)

ALUMINUM CO. OF AMERICA v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

October 31, 1941.


Attorney(s) appearing for the Case

William B. Waldo, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., and Charles F. Uhl, U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., on the brief), for appellant.

Paul G. Rodewald, of Pittsburgh, Pa. (David B. Buerger and Smith, Buchanan & Ingersoll, all of Pittsburgh, Pa., on the brief), for appellee.

Before CLARK, JONES, and GOODRICH, Circuit Judges.


JONES, Circuit Judge.

The question involved on this appeal concerns the amount of credit allowable to a domestic corporation against its income tax liability for income which it receives from a foreign subsidiary as dividends from profits upon which the subsidiary paid foreign income taxes for the same year. The answer depends upon the interpretation to be given Sec. 238(e) of the Revenue Act of 1926, c. 27, 44 Stat. 9, 26 U.S.C.A. Int.Rev.Acts, pages 189, 190, which...

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