MAY, STERN & CO. v. COMMISSIONER OF INTERNAL REV.

No. 9949.

181 F.2d 407 (1950)

MAY, STERN & CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Third Circuit.

Decided April 10, 1950.


Attorney(s) appearing for the Case

Charles MacLean, Jr., New York City (Louis Caplan, Pittsburgh, Pa., Laurence F. Casey, Ray I. Hardin, New York City, on the brief), for petitioner.

Irving I. Axelrad, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack, Helen Goodner, Special Assistants to the Attorney General, on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

This is a petition to review a decision of the Tax Court1 sustaining a determination by the Commissioner of Internal Revenue of a deficiency in the petitioner's excess profits tax for its taxable year ending January 31, 1941. The 31-day difference between the end of the calendar year and petitioner's taxable year is of no consequence in this case. For convenience, therefore, the taxable year in question will be designated...

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