CARLISLE TIRE & RUBBER CO. v. COMMISSIONER OF INT. REV.

No. 9620.

168 F.2d 816 (1948)

CARLISLE TIRE & RUBBER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

Decided May 28, 1948.


Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa. (Julian Ruslander and Jerome B. Lieber, both of Pittsburgh, Pa., on the brief), for petitioner.

Austin Hoyt, of Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., and Sewall Key and George A. Stinson, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before McLAUGHLIN and O'CONNELL, Circuit Judges, and RODNEY, District Judge.


O'CONNELL, Circuit Judge.

The Commissioner has asserted and the Tax Court has found a deficiency in petitioner's excess profits tax return for the year 1943. The instant appeal raises three questions: (1) Whether petitioner, having entered into a written compromise agreement with the Commissioner concerning indebtedness on excise taxes due the government, was, pursuant to the terms of such agreement, entitled to deduct, as an expense, interest accrued but not paid...

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