BURROUGHS ADDING MACH. CO. v. TERWILLIGER

No. 9324.

135 F.2d 608 (1943)

BURROUGHS ADDING MACH. CO. v. TERWILLIGER, Former Acting Collector of Internal Revenue, et al.

Circuit Court of Appeals, Sixth Circuit.

April 21, 1943.


Attorney(s) appearing for the Case

Addison D. Connor, of Detroit, Mich. (Butzel, Eaman, Long, Gust & Bills, Thomas G. Long, and Addison D. Connor, all of Detroit, Mich., on the brief), for appellant.

William B. Waldo, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, A. F. Prescott, and Wm. B. Waldo, all of Washington, D. C., and John C. Lehr and Arnold W. Lungerhausen, both of Detroit, Mich., on the brief), for appellees.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

The question of substance presented here is whether under the provisions of § 131(f) of the Revenue Act of 1928, 26 U.S.C.A. Int.Rev.Acts, page 395, a domestic corporation, for the taxable year 1931, may be allowed a credit for foreign taxes paid upon and with respect to the accumulated profits of a foreign subsidiary of the taxpayer's foreign subsidiary.

On March 16, 1932, appellant filed its income tax return for the year 1931...

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