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COMMISSIONER OF INTERNAL REV. v. KRESGE DEPT. STORES

No. 7924.

134 F.2d 76 (1943)

COMMISSIONER OF INTERNAL REVENUE v. KRESGE DEPARTMENT STORES, Inc.

Circuit Court of Appeals, Third Circuit.

Decided January 12, 1943.

Rehearing Denied March 17, 1943.

Writ of Certiorari Denied June 1, 1943.

Attorney(s) appearing for the Case

Morton K. Rothschild, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Arthur F. Egner, of Newark, N. J. (McCarter, English & Egner and Ward J. Herbert, all of Newark, N. J., on the brief), for respondent.

Before JONES and GOODRICH, Circuit Judges, and LEAHY, District Judge.

Writ of Certiorari Denied June 1, 1943. See 63 S.Ct. 1319, 87 L.Ed. ___.

LEAHY, District Judge.

This is a petition for review of a decision of the Board of Tax Appeals, now the Tax Court of the United States, denying deficiencies claimed by the Commissioner of Internal Revenue for personal holding company surtaxes1 in the amount of $15,714.61 for the fiscal year ending January 31, 1935 and of $7,424.25 for the year ending January...

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