HAWAIIAN FREIGHT FORWARD v. COMMISSIONER OF INT. REV.

No. 12965.

196 F.2d 745 (1952)

HAWAIIAN FREIGHT FORWARDERS, Ltd. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 19, 1952.


Attorney(s) appearing for the Case

Louis Janin, Harold E. Haven and Melvin H. Morgan, all of San Francisco, Cal., for petitioner.

Ellis N. Slack, Acting Asst. Atty. Gen., A. F. Prescott, Melva M. Graney, Irving Axelrad, Sp. Assts. to the Atty, Gen., for respondent.

Before: DENMAN, Chief Judge, and STEPHENS and BONE, Circuit Judges.


DENMAN, Chief Judge.

This is a petition to review a decision of the Tax Court affirming a decision of the Commissioner of Internal Revenue that the petitioner, a Hawaii corporation, had a deficiency in its tax return for its 1943 and 1944 fiscal years. The Tax Court held that the taxpayer must report its 1943 and 1944 excess profits income under the invested capital method of 26 U.S.C. § 714 rather than the income method of § 713 because the taxpayer had...

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