PROSPERITY CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 79, Docket 22423.

201 F.2d 499 (1953)

PROSPERITY CO., Inc. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided January 5, 1953.


Attorney(s) appearing for the Case

Laurence Sovik, Syracuse, N. Y. (Martin F. Kendrick, Syracuse, N. Y., of counsel), for petitioner.

Charles S. Lyon, Ellis N. Slack, Lee A. Jackson and Hilbert P. Zarky, Washington, D. C., for respondent.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.


PER CURIAM.

The facts are stated in the findings and opinion of the Tax Court, reported in 17 T.C. 171.

The Tax Court based its decision on I.R.C. § 113(a) (7), 26 U.S.C. § 113(a) (7). The taxpayer contends, and the government virtually concedes, that, on the undisputed facts, this statutory provision does not apply. But the government argues that § 113 (a) (8) does apply and that it sustains the Tax Court's decision...

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