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BRADFORD MACHINE TOOL COMPANY v. COMMISSIONER OF INTERNAL REVENUE

No. 13386.

260 F.2d 950 (1958)

The BRADFORD MACHINE TOOL COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

October 29, 1958.

Attorney(s) appearing for the Case

Philip J. Schneider and Herbert Shaffer, Cincinnati, Ohio, for petitioner.

Charles K. Rice, Lee A. Jackson and Harry Marselli, Washington, D. C., for respondent.

Before ALLEN, Chief Judge, SIMONS, Circuit Judge, and JONES, District Judge.

PER CURIAM.

The motion of the respondent to dismiss the petition upon the ground that this court has no jurisdiction must be sustained. The case falls within the prohibition of Section 732 (26 U.S.C., 1952 edition, Section 732) 26 U.S.C.A. Excess Profits Taxes, § 732. A refund of tax has been disallowed herein by the Commissioner, the disallowance relating to Section 722 (26 U.S.C., 1952 edition, Section 722), 26 U.S.C.A. Excess Profits Taxes, § 722, the...

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