COMMISSIONER OF INTERNAL REVENUE v. PACIFIC MILLS

No. 4700.

207 F.2d 177 (1953)

COMMISSIONER OF INTERNAL REVENUE v. PACIFIC MILLS.

United States Court of Appeals First Circuit.

October 1, 1953.


Attorney(s) appearing for the Case

I. Henry Kutz, Sp. Asst. to Atty. Gen., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and Lee A. Jackson, Sp. Assts. to Atty. Gen., Washington, D. C., on the brief), for petitioner.

Randolph E. Paul, Washington, D. C. (Louis Eisenstein, Washington, D. C., on the brief), for respondent.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

On this petition for review of a decision of the Tax Court of the United States we are concerned with an asserted deficiency of about one and one half million dollars in Pacific Mills' excess profits tax for the calendar year 1944. The only question necessary for decision in the view we take of the case is the one decided and answered in the affirmative by the Tax Court. That question is whether a payment of something over two million dollars...

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