ADVANCE ALUMINUM CAST. CORP. v. COMMISSIONER OF INT. R.

No. 9519.

168 F.2d 353 (1948)

ADVANCE ALUMINUM CASTINGS CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

June 2, 1948.


Attorney(s) appearing for the Case

Frank J. Albus, of Washington, D. C., James F. Spoerri and Bobb, Spoerri, Bourland & Harris, all of Chicago, Ill., for petitioner.

Theron L. Caudle, Asst. Atty. Gen., and Sewell Key, George A. Stinson, S. Walter Shine and Melva M. Graney, Sp. Assts. to Atty. Gen., and Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before KERNER, and MINTON, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Petitioner questions a deficiency assessment in its income tax for the year 1942, determined by the Commissioner of Internal Revenue and approved by the Tax Court, of $51,313.24. The controversy between the parties presents only the question of whether, in determining its taxable income for income tax purposes for the period involved, petitioner was entitled to deduct from its net income a credit of $504,579.32 for excess profits, as it insists...

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