JOE BALESTRIERI & CO. v. COMMISSIONER OF INTERNAL REV.

No. 12102.

177 F.2d 867 (1949)

JOE BALESTRIERI & CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

November 15, 1949.


Attorney(s) appearing for the Case

Louis Janin, Harold E. Haven, William B. Acton, San Francisco, Cal., for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Helen Goodner and Edward J. P. Zimmerman, Sp. Assts. to the Atty. Gen., for respondent.

Before POPE, Circuit Judge, and LING and DRIVER, District Judges.


DRIVER, District Judge.

The Tax Court of the United States determined a deficiency in the excess profits tax of petitioner for the year 1943, based upon the disallowance of a deduction claimed by the taxpayer in the amount of $22,229.37. The principal question presented here is whether the deduction should have been allowed.

Petitioner, a California corporation, filed its income and excess profits tax returns on a cash basis for the calendar year 1943. Its...

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