BEN BIMBERG & CO. v. HELVERING

No. 84.

126 F.2d 412 (1942)

BEN BIMBERG & CO., Inc., v. HELVERING, Com'r of Int. Rev.

Circuit Court of Appeals, Second Circuit.

March 7, 1942.


Attorney(s) appearing for the Case

Kenneth Carroad, of New York City (Clifford H. Rich and Lawrence W. Kaufman, both of New York City, on the brief), for petitioner.

Joseph M. Jones, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Gerald L. Wallace, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This is a petition to review an order of the Board of Tax Appeals, assessing an income tax deficiency against the taxpayer for the year 1936, and denying a claim for refund for the same year. The question is whether certain credits granted by cotton mills to the taxpayer, a jobber, should be included in its gross income for the year 1936 as the Commissioner did. During the last ninety days of 1935 the taxpayer had bought cotton goods from the...

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