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COMMISSIONER OF INT. REVENUE v. SCHOCK, GUSMER & CO.

Nos. 8295, 8296.

137 F.2d 750 (1943)

COMMISSIONER OF INTERNAL REVENUE v. SCHOCK, GUSMER & CO., Inc. SCHOCK, GUSMER & CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided August 23, 1943.

Attorney(s) appearing for the Case

Charles E. Scribner, of New York City (Scribner & Miller, of New York City, on the brief), for taxpayer.

Helen Goodner, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, and Willard H. Pedrick, Sp. Assts. to Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the Commissioner.

Before BIGGS, JONES, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

These are cross petitions for review of a decision of the United States Board of Tax Appeals, now the Tax Court of the United States, determining a deficiency of $210.11 in the income tax of Schock, Gusmer & Co., Inc., for the fiscal period from January 1, 1937, to August 31, 1937.

The taxpayer is a New Jersey Corporation owning real and tangible personal property in Hoboken, the site...

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