BRESSNER RADIO, INC. v. C. I. R.

No. 18, Docket 25077.

267 F.2d 520 (1959)

BRESSNER RADIO, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 28, 1959.


Attorney(s) appearing for the Case

Bernard Weiss, New York City, for petitioner.

Meyer Rothwacks, Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.


MOORE, Circuit Judge.

The taxpayer (petitioner) petitions for review by this court of a decision of the Tax Court deciding that there were deficiencies in income tax for the fiscal years ending May 31, 1948 and May 31, 1949 of $16,779.08 and $43,196.24 respectively and an overpayment of $4,401.55 for the fiscal year ending May 31, 1950.

The petition presents the question under the Internal Revenue Code of 1939 whether or in what circumstances a taxpayer who...

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