COMMISSIONER OF INT. REV. v. ALLEGHENY BROAD. CORP.

No. 10043

179 F.2d 844 (1950)

COMMISSIONER OF INTERNAL REVENUE v. ALLEGHENY BROADCASTING CORP.

United States Court of Appeals Third Circuit

Decided February 10, 1950.


Attorney(s) appearing for the Case

Irving A. Axelrod, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Edward J. P. Zimmerman, Sp. Assts. to the Atty. Gen., on the brief), for petitioner.

Lee W. Eckels, Pittsburgh, Pa. (John E. Laughlin, Jr., Thorp, Bostwick, Reed & Armstrong, Pittsburgh, Pa., on the brief), for respondent.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

The sole question for decision is whether the Tax Court erred in holding that the income received by KQV Broadcasting Company, respondent's assignor, between January 1, 1945 and February 28, 1945 was not required to be annualized for excess profits tax purposes by Section 711(a) (3) (A) of the Internal Revenue Code, 26 U.S.C.A. § 711(a) (3) (A). The facts are not in dispute and may be stated briefly.

In November, 1944 the respondent...

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