H. FENDRICH, INC. v. COMMISSIONER OF INTERNAL REV.

No. 11673.

242 F.2d 803 (1957)

H. FENDRICH, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

March 29, 1957.


Attorney(s) appearing for the Case

Hugh C. Bickford and Henry H. Elliott, Washington, D. C., for petitioner.

Charles K. Rice, Asst. Atty. Gen., Harry Marselli, Atty., Tax Division, Lee A. Jackson, Atty., U. S. Dept. of Justice, Washington, D. C., for respondent.

Before DUFFY, Chief Judge, and MAJOR and FINNEGAN, Circuit Judges.


DUFFY, Chief Judge.

This cause is here for the second time. To properly understand the issues currently before us, it is necessary to refer briefly to the prior proceedings.

Under the Excess Profits Tax Acts of World War II, 26 U.S.C. § 710 et seq., a tax was authorized upon a concept of "normal income" and "excess profits." The excess profits were to be that part of a taxpayer's income which exceeded an "excess profits tax credit." This credit could...

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