BEAVER PIPE TOOLS v. CAREY

Nos. 12868, 12869.

240 F.2d 843 (1957)

BEAVER PIPE TOOLS, Inc., Appellant, v. Thomas M. CAREY, Appellee (two cases).

United States Court of Appeals Sixth Circuit.

January 4, 1957.


Attorney(s) appearing for the Case

Robert G. Day; Hoppe, Day & Ford, Warren, Ohio, for appellant.

Charles K. Rice, Lee A. Jackson, Harlan Pomeroy, Washington, D. C., Sumner Canary, Cleveland, Ohio, for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.


PER CURIAM.

On this appeal by the taxpayer, Beaver Pipe Tools, Inc., from the decision of the district court dismissing its complaint, the issue is whether interest paid by the taxpayer on preferred debentures having no fixed maturity date, issued by the taxpayer in exchange for its outstanding cumulative preferred stock, is deductible as interest paid on indebtedness within the meaning of 26 U.S.C. § 23(b).

United States District Judge Paul Jones, in...

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