J. E. MERGOTT CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 9873.

176 F.2d 860 (1949)

J. E. MERGOTT CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided September 1, 1949


Attorney(s) appearing for the Case

Emanuel P. Scheck, Newark, N. J. (Harry V. Osborne, Jr., Newark, New Jersey, on the brief), for petitioner.

Sumner N. Redstone, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack, A. F. Prescott, Special Assistants to the Attorney General, on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and O'CONNELL, Circuit Judges.


O'CONNELL, Circuit Judge.

Petitioner ("Mergott"), a Delaware corporation on the accrual tax basis, seeks review of a decision of the Tax Court holding that there are deficiencies in its declared value excess-profits tax for the year 1943 and in its excess profits tax for the year 1944.

Whether or not there was a tax deficiency in those years is dependent upon the propriety of a 1943 deduction of $17,068.68, that sum purportedly representing a loss resulting...

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