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MAY HOSIERY MILLS v. COMMISSIONER OF INTERNAL REV.

No. 4757.

123 F.2d 858 (1941)

MAY HOSIERY MILLS, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

June 16, 1941.

Attorney(s) appearing for the Case

Theodore B. Benson, of Washington, D. C., for petitioner.

Arthur A. Armstrong, 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.

Christopher S. Sargent, of New York City (Newell W. Ellison, of Washington, D. C., and Jack J. Levinson, of New York City, on the brief), for Credit Alliance Corporation, as amicus curiæ.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is a petition to review a decision of the United States Board of Tax Appeals determining an income tax deficiency against the May Hosiery Mills, Incorporated, the petitioner, for the fiscal year ending August 31, 1937, in the amount of $5,069.28. The opinion of the Board is reported in 42 B.T.A. 646.

There is no dispute as to the facts which were stipulated. The taxpayer corporation was formed by a merger between two corporations...

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