HOBBS-WESTERN CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 12320.

133 F.2d 165 (1942)

HOBBS-WESTERN CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

December 8, 1942.


Attorney(s) appearing for the Case

G. Carroll Stribling, of St. Louis, Mo. (Walter R. Mayne and Fordyce, White, Mayne, Williams & Hartman, all of St. Louis, Mo., on the brief), for petitioner.

William A. Clineburg, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Joseph M. Jones, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

The United States Board of Tax Appeals redetermined a net income tax deficiency of the petitioning taxpayer for the fiscal year ended October 31, 1937, in the amount of $9,849.29, and the taxpayer seeks a review.

The deficiency results from the disallowance by the Commissioner of a dividend-paid credit claimed by the petitioner under § 26(c) of the Revenue Act of 1936, c. 690, 49 Stat. 1648, 1664, 26 U.S.C.A. Int.Rev. Acts, page...

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