COMMISSIONER OF INTERNAL REVENUE v. MILNER HOTELS, INC.

No. 10748.

173 F.2d 566 (1949)

COMMISSIONER OF INTERNAL REVENUE v. MILNER HOTELS, Inc.

United States Court of Appeals Sixth Circuit.

March 28, 1949.


Attorney(s) appearing for the Case

Howard P. Locke, of Washington D. C. (Theron Lamar Caudle, Ellis N. Slack and Helen Goodner, all of Washington D. C., on the brief), for petitioner.

William G. Butler, of Detroit, Mich. (Edward S. Reid, Jr., and William G. Butler, both of Detroit, Mich., on the brief; Miller, Canfield, Paddock & Stone, of Detroit, Mich., of counsel), for respondent.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.


HICKS, Chief Judge.

Petitioner, Commissioner of Internal Revenue, seeks a review of a decision of the Tax Court that respondent, Milner Hotels, Inc., properly deducted from its income tax return for 1943, taxes paid by it to New York City upon real estate located therein. The stipulated facts, accepted as such by the Tax Court, are briefly stated as follows:

About December 1, 1942, the Mutual Life Insurance Company agreed in writing to sell to one Corr certain...

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