TRI-STATE REALTY CO. v. C. I. R.

No. 12917.

180 F.2d 593 (1950)

TRI-STATE REALTY CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Fifth Circuit.

March 2, 1950.


Attorney(s) appearing for the Case

Robert A. Littleton, Washington, D. C., for petitioner.

George D. Webster, Sp. Asst. to Atty. Gen., Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, Washington, D. C., Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, Washington, D. C., Lee A. Jackson, Sp. Asst. to Atty. Gen., for respondent.

Before HUTCHESON, Chief Judge, and WALLER and BORAH, Circuit Judges.


BORAH, Circuit Judge.

This appeal from the Tax Court involves excess profits taxes for the calendar year that ended December 31, 1942. The sole question presented is whether the Tax Court erred in sustaining the Commissioner's determination that the petitioner was not entitled prior to April 18, 1942 to include in its equity invested capital certain sums allegedly contributed as paid-in surplus. The facts as found by the Tax Court are briefly as follows:

The...

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