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FREIHOFER BAKING CO. v. COMMISSIONER OF INT. REV.

No. 8867.

151 F.2d 383 (1945)

FREIHOFER BAKING CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided September 6, 1945.

Attorney(s) appearing for the Case

Floyd F. Toomey, of Washington, D. C. (Alvord & Alvord, of Washington, D. C. and Souser, Schumacker & Taylor, of Philadelphia, Pa., on the brief) for petitioner.

Mary Helen Wigle, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Robert N. Anderson, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before BIGGS and MARTIN, Circuit Judges and KALODNER, District Judge.

KALODNER, District Judge.

The petitioning taxpayer seeks review of the decision of the Tax Court entered September 4, 1944, sustaining the Commissioner's determination of deficiencies in the petitioner's Income and Excess Profits tax for the year 1936 on the basis of including in the petitioner's income for 1936 the sum of $246,021.55, which constituted a refund made to the petitioner in 1936 as an adjustment of the cost of flour purchased by it in 1935.

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