J. A. DOUGHERTY'S SONS v. COMMISSIONER OF INTERNAL REV.

No. 7653.

121 F.2d 700 (1941)

J. A. DOUGHERTY'S SONS, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

June 25, 1941.


Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa., (Samuel Kaufman, of Pittsburgh, Pa., on the brief; James A. Graham, of Pittsburgh, Pa., of counsel), for petitioner.

F. E. Youngman, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before BIGGS, MARIS, and JONES, Circuit Judges.


JONES, Circuit Judge.

The principal question in this case is whether a corporate taxpayer is entitled to deduct from gross income accruals made within a taxable year for taxes imposed by a statute which, subsequent to the taxable year, was declared unconstitutional. As a result, the taxes were never actually paid. If such accruals may not be deducted, then the taxpayer claims a right, under the Revenue Act of 1936, 26 U.S...

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