SCHUESSLER v. COMMISSIONER OF INTERNAL REVENUE

No. 15751.

230 F.2d 722 (1956)

E. W. SCHUESSLER and Aline Schuessler, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

March 14, 1956.


Attorney(s) appearing for the Case

D. H. Markstein, Jr., Kenneth R. Cain, Birmingham, Ala., for petitioners.

Melva M. Graney, Atty., Dept. of Justice, H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, John J. Kelley, Jr., Attys., Dept. of Justice, John Potts Barnes, Chief Counsel, I. R. S., Vernon F. Weekley, Sp. Atty., Washington, D. C., for respondent.

Before BORAH, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is a petition for review of a decision by the Tax Court disallowing a deduction in 1946 of an item of $13,300.00, representing a reserve set up by taxpayers while keeping their books on the accrual basis, to represent their estimated cost of carrying out a guarantee, given with each of the furnaces sold by them during the year, to turn the furnace on and off each year for five years.

The opinion of the Tax Court treats the matter...

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