COMMISSIONER OF INTERNAL REVENUE v. GUMINSKI

No. 13903.

198 F.2d 265 (1952)

COMMISSIONER OF INTERNAL REVENUE v. GUMINSKI et al.

United States Court of Appeals, Fifth Circuit.

July 24, 1952.


Attorney(s) appearing for the Case

Melva M. Graney, Hilbert P. Zarky, Lee A. Jackson, Sp. Assts. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., Mason B. Leming, Acting Chief Counsel, John M. Morawski, Special Atty., Bureau Int. Rev., Washington, D. C., for petitioner.

William P. Fonville, Dallas, Tex., for respondents.

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


RUSSELL, Circuit Judge.

The basic question presented by this appeal is whether the taxpayers, in computing their taxable income for the year 1945, were entitled to deduct, as costs of goods sold, the portion of the cost of meat purchased which was in excess of applicable price ceilings established under the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq.

The Commissioner, by this appeal, assigned error upon the decision of the...

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