GREAT LAKES COCO-COLA BOT. CO. v. COMMISSIONER OF INT. REV.

No. 7789.

133 F.2d 953 (1943)

GREAT LAKES COCO-COLA BOTTLING CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

March 6, 1943.


Attorney(s) appearing for the Case

John May, of New Orleans, La., and Ednyfed H. Williams, of Chicago, Ill., for petitioner.

J. P. Wenchel and John M. Morawski, Bureau of Internal Revenue, both of Washington, D. C., and Samuel O. Clark, Jr., Sewall Key, and Arthur A. Armstrong, Asst. Attys. Gen., for respondent.

Before SPARKS, KERNER and MINTON, Circuit Judges.


SPARKS, Circuit Judge.

The taxpayer petitioned for review of a decision of the United States Tax Court denying its claim to a dividends paid credit in the amount of its adjusted net income for the year 1937 under § 27(f) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 838, relating to amounts distributed in liquidation.

There is no controversy as to the facts. The Tax Court stated them substantially as follows: In November 1937, the taxpayer...

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