KANAWHA GAS & UTILITIES CO. v. COMMISSIONER OF INT. REV.

No. 14719.

214 F.2d 685 (1954)

KANAWHA GAS & UTILITIES CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

July 21, 1954.


Attorney(s) appearing for the Case

William Bew White, Jr., Bernard A. Monaghan and J. O. Screven, Jr., William B. White, Birmingham, Ala. (White, Bradley, Arant, All & Rose, Birmingham, Ala., of counsel), for petitioner.

Maurice P. Wolk, Ellis N. Slack, George F. Lynch, Sp. Assts. to Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Kenneth W. Gemmill, Acting Chief Counsel Internal Revenue Bureau, Claude R. Marshall, Sp. Atty., Washington, D. C., for respondent.

Adrian W. DeWind, New York City (Eugene H. Lattin, New York City, James B. Lewis, New York City, of counsel), for Textron Incorporated as amicus curiae.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.


RIVES, Circuit Judge.

The petitioner seeks review of a decision of the Tax Court reported at 19 T.C. 1017 involving deficiencies in income tax for the year 1943. The issues relate to the basis to be used in computing profit on the sale of natural gas wells acquired by the purchase of the stock of eight corporations in 1929.

We quote the Tax Court's "Findings of Fact":

"The petitioner is a West Virginia corporation with...

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