COMMISSIONER OF INTERNAL REV. v. AMERICAN METAL CO.

No. 29, Docket 22907.

221 F.2d 134 (1955)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. The AMERICAN METAL CO., Limited, Respondent. The AMERICAN METAL CO., Limited, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 15, 1955.


Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City (Norris Darrell, John F. Dooling, Jr., New York City, Robert MacCrate, Port Washington, N. Y., of counsel), for The American Metal Company, Limited.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Melva M. Graney, Sp. Assts. to Atty. Gen., for the Commissioner of Internal Revenue.

Before CHASE, MEDINA, and HINCKS, Circuit Judges.


HINCKS, Circuit Judge.

The taxpayer whose petition is before us, is a New York corporation which owns over 98% of the voting stock of Compania Minera de Penoles, S.A., a Mexican corporation (hereinafter referred to as "Minera"). Minera, from 1924 through 1947, has been in the business of mining, milling, smelting and refining non-ferrous metals. In 1934, the smelting and refining operations were carried on by a Mexican corporate subsidiary of Minera, called Metalurgica...

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