MASTIN REALTY & MIN. CO. v. COMMISSIONER OF INT. REV.

No. 12299.

130 F.2d 1003 (1942)

MASTIN REALTY & MINING CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

October 26, 1942.


Attorney(s) appearing for the Case

Floyd E. Jacobs, of Kansas City, Mo. (Scott R. Timmons, of Kansas City, Mo., on the brief), for petitioner.

Bernard Chertcoff, 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.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.


GARDNER, Circuit Judge.

This is a petition to review a decision of the Board of Tax Appeals which denied claims of petitioner for credits for the years 1936 and 1937 against the surtax on its undistributed profits assessed under the provisions of the Revenue Act of 1936, c. 690, 26 U.S.C.A. Int.Rev.Acts, page 819 et seq.

The case was submitted to the Board of Tax Appeals on an agreed statement of facts which the Board adopted as its findings. Petitioner is...

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