COMMONWEALTH CONTAINER CORP. v. C. I. R.

No. 16960.

393 F.2d 269 (1968)

COMMONWEALTH CONTAINER CORP., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided April 9, 1968.


Attorney(s) appearing for the Case

Norman E. Schlesinger, Saiber & Schlesinger, Newark, N. J. (Gerald P. Seid, Newark, N. J., on the brief), for petitioner.

Albert J. Beveridge, III, Tax Division, Department of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks, Gilbert E. Andrews, Attys., Department of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.


OPINION OF THE COURT

BIGGS, Circuit Judge.

The taxpayer, Commonwealth Container Corporation, appeals from a decision of the Tax Court of the United States holding that there were deficiencies in income taxes for the year 1961 in the sum of $28,474.52 and for the year 1962 in the sum of $21,460.75. Jurisdiction is based on 26 U.S.C. § 7482. The only issue presented is what part of the net operating loss carryover of Tri-City Container Corp., which merged...

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