MICHAEL CARPENTER CO. v. COM'R OF INTERNAL REVENUE

No. 8205.

136 F.2d 51 (1943)

MICHAEL CARPENTER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

As Modified on Denial of Rehearing June 22, 1943.


Attorney(s) appearing for the Case

Geo. D. Spohn and John S. Best, both of Milwaukee, Wis. (Lecher, Michael, Whyte & Spohn, of Milwaukee, Wis., of counsel), for petitioner.

Muriel S. Paul, Samuel O. Clark, Jr., Sewall Key, Helen R. Carlos, and Helen Goodner, Dept. of Justice, and J. P. Wenchel and Rollin H. Transue, Bureau of Internal Revenue, all of Washington, D. C., for respondent.

Before EVANS, MAJOR, and MINTON, Circuit Judges.


EVANS, Circuit Judge.

Petitioner, a baking company, here challenges its liability for Federal income and excess profits taxes upon sums it received in 1937 from its corporate predecessor, which sums the latter was paid by flour processors in settlement of Federal Processing Taxes paid by it in 1935. The United States Tax Court held such refund settlement taxable to petitioner and determined a $3,107.22 income tax and $240.51 excess profits tax liability of taxpayer...

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