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SPORTWEAR HOSIERY MILLS v. COMMISSIONER OF INT. REV.

No. 7922.

129 F.2d 376 (1942)

SPORTWEAR HOSIERY MILLS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided June 25, 1942.

Attorney(s) appearing for the Case

George E. H. Goodner, of Washington, D. C. (Helen Goodner, of Washington, D. C., on the brief), for appellant.

Bernard Chertcoff, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The petitioner, a corporation with principal place of business in Pennsylvania, seeks review of the action of the Board of Tax Appeals affecting its liability for income and unjust enrichment taxes for the year 1936. There are three questions involved.

The first has to do with the correctness of the Commissioner's action regarding the deduction made for salary for Fannie Goldberg, secretary of the corporation. She became the owner...

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