A. B. FRANK CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 14564.

211 F.2d 497 (1954)

A. B. FRANK CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

March 5, 1954.


Attorney(s) appearing for the Case

Scott P. Crampton, Washington, D. C., Reagan Houston, III, San Antonio, Tex., Carl K. Goodson, Washington, D. C., of counsel, for petitioner.

Ellis N. Slack, Sp. Asst. to Atty. Gen., Harry Marselli, Sp. Asst. to Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Charles W. Davis, Chief Counsel, Bureau of Int. Rev., Claude R. Marshal, Sp. Atty., Bureau of Int. Rev., Melva M. Graney, Sp. Asst. to Atty. Gen., Washington, D. C., for respondent.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM.

The decision of the Tax Court1 affirmed the determination of the Commissioner that A. B. Frank Company, the taxpayer, was not entitled to relief under section 722 of the Internal Revenue Code2 with respect to excess profits taxes for the years 1941 to 1945, which it sought to have refunded. The decision was "Reviewed by the Special Division", as provided by subsection (d) of section 732 of the Internal...

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