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E. T. RENFRO DRUG CO. v. COMMISSIONER OF INTERNAL REV.

No. 12966.

183 F.2d 846 (1950)

E. T. RENFRO DRUG CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 13, 1950.

Attorney(s) appearing for the Case

R. B. Cannon, Ft. Worth, Tex., for petitioner.

Harry Marselli, Sp. Asst. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Charles Oliphant, Chief Counsel Bur. of Int. Rev., and Claude R. Marshall, Sp. Atty., Bur. of Int. Rev., Lee A. Jackson, Sp. Asst. to Atty. Gen., Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

The question presented by the petition for review in this case, is whether the Tax Court erred in sustaining a determination of the Commissioner of the excess profit credit,1 based upon income, to which the petitioner for review was entitled for the calendar years 1940, 1941, 1942 and 1943, by refusing to add to, or include in petitioner's base period (1936 to 1939, inclusive) net income the average base period...

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