DALE DISTRIBUTING COMPANY v. C. I. R.

No. 252, Docket 25205.

269 F.2d 444 (1959)

DALE DISTRIBUTING COMPANY, Inc. (Formerly Dale Radio Co., Inc.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided August 17, 1959.


Attorney(s) appearing for the Case

Arthur Susswein, New York City, for petitioner.

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

Before SWAN, HINCKS and MOORE, Circuit Judges.


SWAN, Circuit Judge.

Dale Distributing Company, Inc., hereafter referred to as the taxpayer, seeks review of a decision of the Tax Court with respect to its excess profits tax for the taxable year ended March 31, 1943. There is no dispute as to the facts, most of which were established by stipulation. It was also stipulated that the sole issue for decision is whether the taxpayer is entitled to an unused excess profits credit adjustment for the taxable year 1943 which...

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