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DETROIT EDISON CO. v. COMMISSIONER OF INT. REV.

No. 9187.

131 F.2d 619 (1942)

DETROIT EDISON CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 30, 1942.

Attorney(s) appearing for the Case

Norris Darrell, of New York City, and Harvey A. Fischer, of Detroit, Mich. (Norris Darrell, of New York City, Oscar C. Hull and Harvey A. Fischer, both of Detroit, Mich., and Edward H. Green and Sullivan & Cromwell, all of New York City, on the brief), for petitioner.

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

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

HAMILTON, Circuit Judge.

This is a proceeding for a review of a decision of the United States Board of Tax Appeals to redetermine a deficiency in petitioner's income and excess profits taxes for the years 1936 and 1937 in the respective amounts of $4,031.04 and $6,267.94. A single issue is presented, viz., what sum, if any, petitioner is entitled to deduct from gross income on account of depreciation of a capital asset, the cost of which was contributed by prospective...

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