UNITED STATES INDUSTRIAL ALCOHOL CO. v. HELVERING

No. 17.

137 F.2d 511 (1943)

UNITED STATES INDUSTRIAL ALCOHOL CO. (WEST VIRGINIA) v. HELVERING, Commissioner of Internal Revenue. HELVERING, Commissioner of Internal Revenue, v. UNITED STATES INDUSTRIAL ALCOHOL CO.

Circuit Court of Appeals, Second Circuit.

July 21, 1943.


Attorney(s) appearing for the Case

John Enrietto and C. F. Rothenburg, both of Washington, D.C. (Hamel, Park & Saunders, of Washington, D.C., of counsel), for the taxpayer.

Samuel O. Clark, Jr., Ass't Atty. Gen., Sewall Key, Samuel H. Levy, and Newton K. Fox, Sp. Ass'ts to Atty. Gen., of Washington, D.C., for the Commissioner.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

Both the taxpayer and the Commissioner appeal from orders assessing deficiencies in income tax, assessed against the taxpayer for the years 1928 and 1929; and denying the taxpayer's claims of overpayment. The taxpayer's appeal, which is the more important, involves four points: First, whether the Tax Court erred in refusing to allow any deduction for depreciation upon certain contracts for the sale of alcohol which were purchased by the taxpayer...

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