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JOHN L. DENNING & CO. v. COMMISSIONER OF INTERNAL REV.

No. 3927.

180 F.2d 288 (1950)

JOHN L. DENNING & COMPANY, Inc. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Tenth Circuit.

February 8, 1950.

Attorney(s) appearing for the Case

John F. Eberhardt, Wichita, Kan. (George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Thomas E. Woods, Robert C. Foulston, Jr., Wichita, Kan. on the brief) for petitioner.

Ellis N. Slack, Sp. Asst. to the Atty. Gen. (Theron Lamar Caudle, Asst, Atty. Gen. and Edward J. P. Zimmerman, Sp. Asst. to the Atty. Gen., on the brief) for respondent.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is a petition to review a decision of the Tax Court. It involves deficiencies in income, declared value excess profits, and excess profits taxes for the years ending February 29, 1944, and February 28, 1945, asserted against John L. Denning & Co., Inc., a Louisiana corporation.1

There is no substantial dispute in the material facts.

During the tax...

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