CONSOLIDATED GOLDACRES CO. v. COMMISSIONER OF INT. REV.

No. 3511.

165 F.2d 542 (1947)

CONSOLIDATED GOLDACRES CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 14, 1948.


Attorney(s) appearing for the Case

Frazer Arnold, of Denver, Colo. (Arnold Weinberger, of Denver Colo., on the brief), for petitioner.

Hilbert P. Zarkey, of Washington, D. C. (Sewall Key, Acting Asst. Atty. Gen., Robert N. Anderson and Irving I. Axelrod, Sp. Assts. on the brief), for respondent.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

By the Second Revenue Act of 1940, § 201, Sec. 710 et seq. Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 710 et seq., Congress imposed a graduated tax upon excess corporate profits as therein defined. Section 712 provided for an excess profits credit against such income, to be computed under Sections 713 or 714. The credit computed under Section 714 was based on average invested capital, including borrowed invested capital defined...

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