REO MOTORS v. COMMISSIONER OF INTERNAL REVENUE

No. 11300.

219 F.2d 610 (1955)

REO MOTORS, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Sixth Circuit.

February 23, 1955.


Attorney(s) appearing for the Case

Lee I. Park, K. Martin Worthy, Arthur Peter, Hamel, Park & Saunders, Washington, D.C., for petitioner.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Melva M. Graney, Special Assts. Atty. Gen., for respondent.

Before ALLEN, MILLER and STEWART, Circuit Judges.


STEWART, Circuit Judge.

In the Tax Court petitioner sought a redetermination of a claimed deficiency in its excess profits tax for 1942. The sole question in issue was whether a capital loss sustained in 1941 could be carried over to 1942 and deducted from gross income for that year as an ordinary operating loss. It was stipulated by the parties in the Tax Court that the Commissioner's computation of petitioner's excess profits net income and excess profits credit...

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