IRVING AIR CHUTE CO. v. COMMISSIONER OF INTERNAL REV.

No. 224.

143 F.2d 256 (1944)

IRVING AIR CHUTE CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

June 15, 1944.


Attorney(s) appearing for the Case

John L. Kenefick and Ralph M. Andrews, both of Buffalo, N. Y., and Daniel G. Yorkey, of Ithaca, N. Y., for petitioner.

Samuel O. Clark, Jr., Asst. Atty Gen., and Sewall Key and Joseph M. Jones, Sp. Assts. to Atty. Gen., for respondent.

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


CHASE, Circuit Judge.

This petition to review a decision of the Tax Court requires us to determine whether it was error to deny the petitioner a credit under § 131 of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 713, taken in its return of income for 1935, for taxes paid or accrued to a foreign country.

Sec. 131 insofar as material provides: "(a) Allowance of Credit. If the taxpayer signifies in his return his desire to have the benefits of...

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