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DOWD-FEDER v. COMMISSIONER OF INTERNAL REVENUE

No. 10758.

173 F.2d 673 (1949)

DOWD-FEDER, Inc. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Sixth Circuit.

March 28, 1949.

Attorney(s) appearing for the Case

M. R. Schlesinger, of Cleveland, Ohio (M. R. Schlesinger, of Cleveland, Ohio, and Grossman, Schlesinger & Carter, of Cleveland, Ohio, of counsel, on the brief), for petitioner.

Carlton Fox, of Washington, D. C. (Theron Lamar Caudle, Ellis N. Slack, Lee A. Jackson and Carlton Fox, all of Washington, D. C., on the brief), for respondent.

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

MARTIN, Circuit Judge.

Dowd-Feder, Inc., has petitioned this court to review the decision of the United States Tax Court holding that there is a deficiency in the corporation's income tax for 1941 in the amount of $7,885.51. The case involves determination of the proper basis of computation of the taxpayer's excess profits credits.

The Tax Court held that there is no deficiency in the excess profits tax for that year...

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