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POHATCONG HOSIERY MILLS v. COMMISSIONER OF INT. REV.

No. 9230.

162 F.2d 146 (1947)

POHATCONG HOSIERY MILLS, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided May 23, 1947.

As Amended July 24, 1947.

Attorney(s) appearing for the Case

Truman Henson, of New York City (Roy G. Peterson, of New York City, on the brief), for petitioner.

Harry Marselli, Tax Division, Dept. of Justice, of Washington, D. C. (Sewall Key, Acting Asst. Atty. Gen.), and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN, and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

In this petition for review of the decision of the Tax Court we are met with a problem in the administrative procedure for obtaining excess profits tax relief under Section 722 of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 722.

The issue is whether (1) payment of any part of the petitioner's excess profits tax and (2) denial in whole or in part by the Commissioner of a claim...

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