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UTILITY APPLIANCE CORP. v. COMMISSIONER OF INT. REV.

No. 15369.

256 F.2d 39 (1958)

UTILITY APPLIANCE CORPORATION, a corporation, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

May 5, 1958.

Attorney(s) appearing for the Case

George T. Altman, Beverly Hills, Cal., for petitioner.

Charles K. Rice, Asst. Atty. Gen., Harry Marselli, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before LEMMON and CHAMBERS, Circuit Judges, and JERTBERG, District Judge.

JERTBERG, District Judge.

This is a petition for a review of the decision of the Tax Court, and involves a determination of the Federal excess profits tax for the calendar year 1944.

The Commissioner has expressed some doubt as to the jurisdiction of this Court to review the decision of the Tax Court because of the prohibition against appellate review contained in Section 732(c) of the 1939 Internal Revenue Code, 26...

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