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CHEROKEE TEXTILE MILLS v. COMMISSIONER OF INT. REV.

Nos. 10334, 10335.

160 F.2d 685 (1947)

CHEROKEE TEXTILE MILLS v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. CHEROKEE TEXTILE MILLS.

Circuit Court of Appeals, Sixth Circuit.

March 24, 1947.

Attorney(s) appearing for the Case

Scott P. Crampton, of Washington, D. C. (George E. H. Goodner and Scott P. Crampton, both of Washington, D. C., on the brief), for Cherokee Textile Mills.

I. Henry Kutz, of Washington, D. C. (Sewall Key, Helen R. Carloss, and F. E. Youngman, all of Washington, D. C., on the brief), for the Commissioner.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

The claim of petitioner, Cherokee Textile Mills, for refund of $105,198.80 of processing taxes, was reduced to an award of $1,070.06 by the Tax Court of the United States. The Commissioner of Internal Revenue, who rejected the claim in entirety, has also petitioned for review, praying this court to modify the decision of the Tax Court by holding that the taxpayer is due no refund whatever.

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