CARMICHAEL TILE CO. v. COMMISSIONER OF INTERNAL REV.

No. 13447.

192 F.2d 209 (1951)

CARMICHAEL TILE CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

November 8, 1951.


Attorney(s) appearing for the Case

E. D. Smith, Jr., Atlanta, Ga., for petitioner.

Irving I. Axelrad, Ellis N. Slack, Melva M. Graney, Special Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, Rollin H. Transue, Special Attorney, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


STRUM, Circuit Judge.

Petitioner, Carmichael Tile Company, here seeks review of a Tax Court decision which modified as to amount, but otherwise sustained, a deficiency assessment in income and declared value excess profits tax for 1945, imposed upon petitioner by the Commissioner of Internal Revenue.

The question here at issue is the accuracy of petitioner's opening stock inventory as of January 1, 1945. Petitioner, incorporated in 1928, carried on the business...

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