DAYTON RUBBER COMPANY v. COMMISSIONER OF INTERNAL REVENUE

No. 13007.

249 F.2d 2 (1957)

The DAYTON RUBBER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

October 31, 1957.


Attorney(s) appearing for the Case

Frank J. Albus, Washington, D. C., for petitioner.

Charles K. Rice, Lee A. Jackson, Harry Marselli, Claude R. Marshall, Washington, D. C., for appellee.

Before McALLISTER, MILLER and STEWART, Circuit Judges.


PER CURIAM.

The petitioner is an Ohio corporation which for many years prior to its "base period" (fiscal years ended October 31, 1937, to October 31, 1940, inclusive) had been engaged in the manufacture of tires and tubes, belts, rollers, and miscellaneous products. In 1938 the petitioner set up a new textile division, and during the remainder of its base period it had an overall net loss on the business of this new division. The income from its other activities...

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