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FIRST NAT. BANK OF MOBILE v. COMMISSIONER OF INT. REV.

No. 13097.

183 F.2d 172 (1950)

FIRST NAT. BANK OF MOBILE v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

July 7, 1950.

Attorney(s) appearing for the Case

Scott P. Crampton, George E. H. Goodner, Washington, D. C., for petitioner.

Francis W. Sams, Ellis N. Slack, A. F. Prescott, Special Assistants to Attorney General, Theron Lamar Caudle, Assistant Attorney General, Charles Oliphant, Chief Counsel, Rollin H. Transue, Special Attorney, Bureau of Int. Revenue, Washington, D. C., for respondent.

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

McCORD, Circuit Judge.

This appeal involves alleged deficiencies in income and victory taxes on the estate of Aaron Lowenstein for the calendar years 1942 and 1943.

The questions presented, broadly stated, are (1) whether taxpayer may reduce its proportionate share of the income from a partnership for the calendar year 1942 by deducting its stipulated portion of the difference between the book value and fair market value of the partnership's opening inventory...

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