WALSH HOLYOKE STEAM B. WKS. v. COMMISSIONER OF I. R.

No. 4154.

160 F.2d 185 (1947)

WALSH HOLYOKE STEAM BOILER WORKS, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

February 27, 1947.


Attorney(s) appearing for the Case

Samuel S. Dennis, 3d, of Boston, Mass. (Edward J. Keelan, Jr., and Hale and Dorr, both of Boston, Mass., on the brief), for petitioner.

Melva M. Graney, Sp. Asst. to the Atty. Gen. (Sewall Key, Acting Asst. Atty. Gen., J. Louis Monarch and Newton K. Fox, Sp. Assts. to the Atty. Gen., on the brief), for Commissioner.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

A decision of the Tax Court now under review determined that there was a deficiency in the excess profits tax of petitioner Walsh Holyoke Steam Boiler Works, Inc., for the calendar year 1941 in the amount of $20,584.41. In so deciding, the Tax Court upheld a ruling by the Commissioner that the taxpayer's average equity invested capital as claimed in its excess profits tax return for 1941 should be reduced in the amount of $298,758.27.

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