HELVERING v. SABINE TRANS. CO.

No. 518.

318 U.S. 306 (1943)

HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. SABINE TRANSPORTATION CO., INC.

Supreme Court of United States.

Decided March 1, 1943.


Attorney(s) appearing for the Case

Mr. Arnold Raum, with whom Solicitor General Fahy, Assistant Attorney General Clark, and Messrs. Sewall Key, J. Louis Monarch, Arthur A. Armstrong, and Valentine Brookes were on the brief, for petitioner.

Mr. Chas. I. Francis for respondent.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case the Circuit Court of Appeals held the respondent entitled to include in its dividends paid credit, pursuant to § 271 of the Revenue Act of 1938, the amount paid to redeem notes given for dividends in a prior year.2 The Circuit Court of Appeals of the Ninth Circuit had held to the contrary.3 To resolve the...

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