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MESABA-CLIFFS MIN. CO. v. COMMISSIONER OF INTERNAL REV.

No. 10796.

174 F.2d 857 (1949)

MESABA-CLIFFS MIN. CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Sixth Circuit.

May 11, 1949.

Attorney(s) appearing for the Case

W. B. Cockley, of Cleveland, Ohio (William B. Cockley, Theodore R. Colborn, and Henry C. Harvey, all of Cleveland, Ohio, of Counsel; Jones, Day, Cockley & Reavis, of Cleveland, Ohio, on the brief), for petitioner.

Irving Axelrad, of Washington, D. C. (Theron Lamar Caudle, Ellis N. Slack, Helen Goodner, and Sumner M. Redstone, all of Washington, D. C., on the brief), for respondent.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Mesaba-Cliffs Mining Company, having become entitled to a credit for excess profits tax for the calendar year of 1940, sought to carry over and avail itself of such credit for the year 1941 in order to reduce its income subject to excess profits tax in the latter year. The Tax Court, sustaining the Commissioner, held that the company was not entitled to carry over such credit, and, as a consequence, determined a deficiency in excess...

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