BURKE AND HERBERT BANK AND TRUST COMPANY v. COMMISSIONER

Docket No. 12685.

10 T.C. 1007 (1948)

BURKE AND HERBERT BANK AND TRUST COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated June 2, 1948.


Attorney(s) appearing for the Case

Lionel B. Farr, Esq., for the petitioner.

George J. LeBlanc, Esq., for the respondent.


OPINION.

JOHNSON, Judge:

The Commissioner determined a deficiency of $3,529.32 in petitioner's excess profits tax for 1942 by adding to excess profits tax net income tax-free interest on bonds of the Home Owners Loan Corporation. Petitioner indicated on its return an election to include tax-free interest in such net income, thereby gaining the right to reflect such bonds in invested capital, and did in fact include other tax-free interest in the net...

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