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MUSKEGON MOTOR SPECIALTIES CO. v. COMMISSIONER OF INT. REV.

No. 9199.

134 F.2d 904 (1943)

MUSKEGON MOTOR SPECIALTIES CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

April 13, 1943.

Attorney(s) appearing for the Case

Archibald Broomfield of Detroit, Mich. (Archibald Broomfield, Melville C. Mason, and Laurence A. Masselink, all of Detroit, Mich., on the brief), for petitioner.

A. A. Armstrong, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, Samuel H. Levy, and Arthur A. Armstrong, all of Washington, D. C., on the brief), for respondent.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

The petitioner, Muskegon Motor Specialties Company, seeks a review of a decision of the Board of Tax Appeals redetermining deficiencies in its income and excess profits taxes for 1934 in the respective amounts of $5,596.51 and $2,035.10.

Decision turns upon determination of the basis for computing depreciation of petitioner's assets. If the basis was cost at the time of their acquisition, petitioner should prevail; but if the net unrecovered...

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