CENTRAL WEST COAL CO. v. COMMISSIONER OF INTERNAL REV.

No. 7944.

132 F.2d 190 (1942)

CENTRAL WEST COAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

November 11, 1942.


Attorney(s) appearing for the Case

Irving A. Puchner, of Milwaukee, Wis., for petitioner.

J. P. Wenchel and Roy N. McMillan, Bureau of Internal Revenue, both of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Harry Marselli, Sp. Assts. to Atty. Gen., for respondent.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This petition for review of a decision of the Tax Court of the United States presents the question whether this taxpayer is entitled to a credit, as provided by § 26(c) (1) of the Revenue Act of 1936, in determining its liability for surtax on undistributed net income for the years 1937 and 1938.

The taxpayer is a Michigan corporation. Its fiscal year extends from May 1 to April 30. During the years in question it had outstanding...

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