COMMISSIONER OF INTERNAL REVENUE v. HUGHES TOOL CO.

No. 11659.

160 F.2d 540 (1947)

COMMISSIONER OF INTERNAL REVENUE v. HUGHES TOOL CO.

Circuit Court of Appeals, Fifth Circuit.

March 14, 1947.


Attorney(s) appearing for the Case

A. M. Sellers and Morton K. Rothschild, Sp. Assts. to Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

J. L. Lockett and T. A. Slack, both of Houston, Tex., for respondent.

Before HOLMES, McCORD, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

When this case was here before, it was held that the taxpayer was entitled to the credits claimed under Section 26(c), 26 U.S. C.A. Int.Rev.Code, § 26(c). The dissenting judge was of opinion that Section 26(c) provided an exemption "such as must be strictly construed against the taxpayer claiming the benefits thereof." He thought that a surviving corporation should not also receive "special tax benefits conferred upon the extinguished corporation...

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