CLIFTON MFG. CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5079.

137 F.2d 290 (1943)

CLIFTON MFG. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

July 16, 1943.


Attorney(s) appearing for the Case

W. A. Sutherland, of Atlanta, Ga. (Ben F. Johnson, Jr., and Sutherland, Tuttle & Brennan, all of Atlanta Ga., on the brief), for petitioner.

Helen Goodner, Sp. Asst. to the Atty. Gen., (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.


SOPER, Circuit Judge.

Past due interest on a debt due the Clifton Manufacturing Company, the taxpayer, was collected during its fiscal year which ended March 31, 1937, and was held by the Tax Court of the United States, three members dissenting, to be taxable income in that year. The taxpayer's accounts were kept on an accrual basis; and the question is whether any part of the sum received in 1937 should have been included in the gross income of that year rather than...

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