COMMISSIONER OF INTERNAL REVENUE v. GRANT TRADING CO.

No. 160.

135 F.2d 358 (1943)

COMMISSIONER OF INTERNAL REVENUE v. GRANT TRADING CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 3, 1943.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Sewall Key, Samuel H. Levy, Arthur A. Armstrong and Irving Axelrod, all of Washington, D. C., for petitioner.

Alfred C. Bennett, of New York City, for respondent.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

In the computation of undistributed personal holding company net income which is subject to surtax under the Revenue Act of 1938, a credit is allowed under § 405(b), 26 U.S.C.A. Int.Rev.Code, § 504(b), for "amounts used * * * to retire indebtedness * * * incurred prior to January 1, 1934 if such amounts are reasonable with reference to the size and terms of such indebtedness." Article 405-2 of Treasury Regulation 101 provides that indebtedness...

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